A Coastal erosion management permit will be issued for regulated activities which comply with the general standards (§
200-9), restrictions, and requirements of the applicable sections of this chapter, providing the following is 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 scale no smaller than 1:24,000 showing the location
of the proposed activity.
(3) 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 a permit fee of $100 plus $50 for any modification
or extension.
C. Permits will be issued by, and bear the name and signature of the
administrator, and will specify the:
(1) Activity or operation for which the permit is issued.
(2) Address or location where the activity or operation is to be conducted.
(3) Name and address of permitee.
(4) Permit number and date of issuance.
(5) Period of permit validity. If not otherwise specified, a permit will
expire one year from the date of issuance.
(6) The terms and conditions of the approval.
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 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 Village of West
Hampton Dunes.
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 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 regulator 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 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.
The authority for administering and enforcing this chapter is
hereby conferred upon the Village Building Inspector. The administrator
has the powers and duties to:
A. Apply the regulations, restrictions, and the standards or other provisions
of this chapter.
B. Explain to applicants the map which designates the land and water
areas subject to regulation and advise applicants of the standards,
restrictions and requirements of this chapter.
C. Review and take appropriate actions on completed applications.
D. Issue and sign all approved permits.
E. Transmit written notice of violations to property owners or to other
responsible persons.
F. Prepare and submit reports.
G. Perform compliance inspections.
H. Serve as the primary liaison with the New York State Department of
Environmental Conservation.
I. Keep official records of all permits, inspections, inspection reports,
recommendations, actions of the Coastal Erosion Hazard Board of Review,
and any other reports or communications relative to this chapter or
request for information from the New York State Department of Environmental
Conservation.
J. 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 chapter.
K. Have, in addition, powers and duties as are established in or reasonably
implied from this chapter as are necessary to achieve its stated purpose.
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 Village 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 administrator will enforce the purposes and policies of
the New York State Environmental Conservation Law, Article 34, and
the minimum standards of Section 505.17 of 6 NYCRR Part 505; will
conduct compliance inspections to insure that the terms and conditions
of local permits are adhered to; and will investigate all reports
of violations.
All regulated activities are subject to the review procedures
required by the New York State Environmental Quality Review Act (SEQRA),
Article 8 of the New York State Environmental Conservation Law. The
applicant may be required to submit information necessary for compliance
with SEQRA 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 Village from
taking such other lawful actions or proceedings as may be necessary
to restrain, correct, or abate any violation of this chapter.