Town of Kendall, NY
Orleans County
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A coastal erosion management permit will be issued for regulated activities which comply with § 59-9, General standards, restrictions, and requirements of the applicable sections of this chapter, providing the following is adhered to:
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:
A description of the proposed activity.
A map drawn to a scale no smaller than 1:24,000, showing the location of the proposed activity.
Any additional information the Administrator may require to properly evaluate the proposed activity.
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.
Permits will be issued by and bear the name and signature of the Administrator, and will specify the:
Activity or operation for which the permit is issued.
Address or location where the activity or operation is to be conducted.
Name and address of permittee.
Permit number and date of issuance.
Period of permit validity. If not otherwise specified, a permit will expire one year from the date of issuance.
The terms and conditions of the approval.
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.
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.
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 Zoning 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 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.
The Town may require a bond or other form of financial security. Such bond or security must be in an amount, with such surety and conditions as are satisfactory to the Town so as to ensure compliance with the terms and conditions stated in the coastal erosion management permit.
The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to:
Apply the regulations, restrictions, and standards or other provisions of this chapter.
Explain to applicants the map which designates the land and water areas subject to regulation and advise applicants of the standards, restrictions and requirements of this chapter.
Review and take appropriate actions on completed applications.
Issue and sign all approved permits.
Transmit written notice of violations to property owners or to other responsible persons.
Prepare and submit reports.
Perform compliance inspections.
Serve as the primary liaison with the New York State Department of Environmental Conservation.
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.
Perform normal and customary administrative functions required by the Town relative to the Coastal Erosion Hazard Areas Act, Article 34 of the New York State Environmental Conservation Law, 6 NYCRR Part 505, and this chapter.
Have, in addition, powers and duties as are established in, or reasonably implied from this chapter as are necessary to achieve its stated purpose.
The provisions, regulations, procedures, and standards of this chapter will be held to be the minimum requirements necessary to carry out the purposes of this chapter.
The provisions of this chapter will take precedence over any other laws, ordinances, or codes in effect in the Town to the extent that the provisions of this chapter are more stringent than such other laws, ordinances, or codes. A coastal erosion management permit issued pursuant to this chapter does not relieve the permit applicant from the responsibility of obtaining other permits or approvals as may be necessary nor does it convey any rights or interest in real property.
The provisions of this chapter 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 chapter 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 may be required to submit information necessary for compliance with SEQR in addition to information required under this chapter.
A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed six months or both. Each day's continued violation of this chapter will constitute a separate additional violation. Nothing herein will prevent the proper local authorities of the Town from taking such other lawful actions or proceedings as may be necessary to restrain, correct, or abate any violation of this chapter.