The Village recognizes that strict application of the standards
and restrictions of this chapter may cause difficulty or hardship.
When this can be shown, such standards and restrictions may be varied
or modified provided that the following criteria are met, which criteria
the Village Board of Trustees has determined, in accordance with Village
Law § 7-712-b, properly balance the burdens on and benefits
to the property owner and the health, safety and welfare of the general
community. The applicant has the burden of demonstrating the following:
A. All development other than erosion protection structures and hazard-area
floodproofing.
(1) No new building or other structure may be constructed in an erosion
hazard area.
(2) No reasonable, prudent, alternative site is available.
(3) 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.
(4) The development will be reasonably safe from flood and erosion damage.
(5) The variance requested is the minimum necessary to overcome the practical
difficulty or hardship which was the basis for the requested variance.
(6) Where public funds are utilized, the public benefits must clearly
outweigh the long-term adverse effects.
(7) No natural protective feature will be polluted, functionally impaired
or lost, or placed in peril thereof, and any degradation or diminution
of natural protective features must be minimized to the fullest extent
feasible.
(8) The proposed work and location will have a less adverse environmental
impact than any available practicable alternative.
(9) For all development other than reconstruction of a lawfully preexisting
principal residence structure that has been damaged by accidental
cause such as fire, flooding or erosion, alternative designs entailing
smaller buildings or structures or diminished or reconfigured areas
of use are determined not to be effective in preventing loss of or
potential damage to designated natural features, or the only such
designs are found to be infeasible or unlawful.
(10)
A primary purpose of this chapter is to require over time that
structures in the erosion hazard area (e.g., in the primary and secondary
dunes) be relocated to conforming locations. Therefore, the cumulative
maximum addition to ground coverage of all additions to a lawfully
preexisting nonconforming residence:
(a)
In the erosion hazard area may not exceed the limit allowed pursuant to §
42-12B(1)(e) and
B(2)(c) of up to but less than 25%.
B. Erosion protection structures. This chapter prohibits all use of
erosion protection structures, except in emergencies where only temporary
geotextile tube systems are allowed in limited circumstances. Therefore,
to obtain a variance from the prohibition of erosion protection structures,
the applicant shall have the burden of establishing exceptional hardship,
which shall include all of the following:
(1) The applicant cannot realize a reasonable return from any use of
the property without an erosion protection structure.
(2) The alleged exceptional hardship relating to the applicant's
property is unique, and does not apply to a substantial portion of
the coastline.
(3) The erosion protection structure and its construction, if allowed,
will not alter the essential character of the neighborhood, including,
without limitation, that it will not:
(a)
Cause or exacerbate either temporary or long-term erosion at
the site or at any other location;
(b)
Cause or exacerbate either temporary or long-term loss or narrowing
of the beach or public access to the beach at the site or at any other
location; or
(c)
Adversely affect existing erosion protection structures or natural
features and resources such as beaches, dunes, bluffs, and fish and
wildlife habitats.
(4) The applicant has relocated the principal structures as far from coastal waters as possible and has reconstructed them in accordance with all applicable floodproofing regulations, including those set forth in Village Code Chapter
88, Flood Damage Prevention, and those established by the Federal Emergency Management Agency.
(5) The erosion protection structure is the only measure available to
overcome the alleged hardship.
(6) The alleged hardship has not been self-created.
C. Floodproofing in a hazard area. A variance may be granted for floodproofing
a lawfully preexisting building located in the hazard area by placing
it on adequately anchored pilings, subject to the following conditions:
(1) No reasonable, prudent, alternative site is available.
(2) The building is raised either to the elevation required by FEMA guidelines
or such that at least three feet of open space exists between the
floor joists and the surface of the preexisting grade, whichever results
in the higher elevation.
(3) The space below the lowest horizontal structural members is left
free of obstruction.
(4) The building is not located further seaward after floodproofing than
it was before floodproofing and, in any event, is not located seaward
of the crest of the primary dune.
(5) The dune is not excavated except to the minimum extent required to
place the pilings.
(6) The volume and cross-sectional area of the dune are not diminished
as a result of the project and the project includes restoration and/or
replenishment of the dune as may be required to meet this condition.
(7) 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.
(8) The development will be reasonably safe from flood and erosion damage.
(9) The variance requested is the minimum necessary to overcome the practical
difficulty or hardship which was the basis for requesting it.
(10)
Where public funds are utilized, the public benefits clearly
outweigh the long-term adverse effects of any proposed activities
and development.
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 §
42-20 of this chapter. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
Each variance request must be accompanied by a required fee
or fees as established by the Village Board of Trustees under separate
resolution.
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
expiration of a variance shall not prohibit a subsequent application
for the same or a different variance, and the subsequent application
shall be considered on its own merits at the time it is reviewed.
The Zoning Board of Appeals of the Village of Sagaponack 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 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.
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:
A. Appeals must be filed with the Coastal Erosion Hazard Board of Review
Clerk.
B. All appeals 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 Department
of Environmental Conservation for his information.
C. All appeals must refer to the specific provisions of this chapter
involved, specify the alleged errors, the interpretation thereof that
is claimed to be correct and the relief which the appellant claims.
Any person or persons jointly or severally aggrieved by a decision
by the Coastal Erosion Hazard Board of Review may apply to the Supreme
Court for review by a proceeding under Article 78 of the Civil Practice
Law and Rules.