A coastal erosion management permit will be issued for regulated activities that comply with the general standards (§
42-8), 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 survey drawn to a scale no smaller than one to 24,000, showing
the location of the proposed activity, and depicting the existing
natural vegetation and the proposed areas to be disturbed and a native
revegetation and restoration plan as provided in this chapter. No
application for a permit shall be accepted unless it complies with
this section.
(3) Any additional information the Administrator may require to properly
evaluate the proposed activity.
B. The applicant for a permit shall have the proposed building envelope,
or the proposed location of a structure that is not a building, and
the perimeter of all areas to be disturbed staked on site by a licensed
surveyor in accordance with the survey.
C. The Administrator shall review all proposed development in the hazard
area, in addition to review by the Building Inspector, to determine
whether or not the proposed development activities and areas to be
disturbed are in compliance with this chapter. The Administrator may
request the Planning Board to make an inspection to assist in its determination.
Should there be a violation, a stop-work order shall be issued. It
shall be the burden of the applicant to prove that the site disturbance
complies with the provisions of this section by submission of an as-built
survey. Should there be no violation, the stop-work order shall be
lifted. Should said as-built survey depict a violation of these provisions,
a revegetation and restoration plan, as provided in this chapter,
shall be submitted to the Chief Environmental Analyst for review.
The stop-work order may only be lifted once the Chief Environmental
Analyst is satisfied that the disturbed areas have been properly revegetated
and restored with native vegetation, consistent with the policies
of the Village as set forth in this chapter.
D. Each application for a coastal erosion management permit must be
accompanied by the required fee or fees as established by the Village
Board of Trustees under separate resolution.
E. 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 the permittee.
(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.
F. 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.
G. 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.
H. No permit shall be issued for new construction and site disturbance
unless the standards and criteria of this chapter are met.
I. Permits for projects that have received all necessary approvals prior
to the effective date of this chapter are excluded from further review.
J. Walkways, catwalks and accessways that have received a Trustee permit
do not require a separate coastal erosion management permit. The Administrator
shall refer all applications for other activities occurring on, or
potentially affecting, the area between mean high water and the crest
of the primary dune to the Trustees for review in relation to applicable
Trustees rules and regulations and shall consider any recommendations
of the Trustees in making a final determination on an application.
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 insure compliance with
the terms and conditions stated in the permit.
The authority for administering and enforcing this chapter is
hereby conferred upon the Administrator. The Administrator has the
powers and duties to:
A. Apply the regulations, restrictions and 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
requests 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.
L. Any provision in Village Code Chapter
245 to the contrary notwithstanding, where the Administrator authorizes a permit under this chapter for a principal structure with a setback measured from the northerly property line of a parcel on the Atlantic Ocean less than required under Chapter
245, then said setback may be reduced by the Administrator but in no event to less than 30 feet.
All regulated activities are subject to 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 $1,000 or imprisonment for a period
not to exceed one year, 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.
This chapter may be amended only in accordance with the Environmental
Conservation Law and other applicable statutes.
Should any part or provision of this chapter be decided by the
courts to be unconstitutional or invalid, such decision shall not
affect the validity of this chapter as a whole nor any part thereof
other than the part so decided to be unconstitutional or invalid.
This chapter shall take effect immediately upon filing with
the Secretary of State as provided by law.
Chapter
42 of the Village Code as enacted by Local Law No. 1 of 2011 is hereby repealed and replaced by the text of this chapter.