Strict application of the standards and restrictions of this local law 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:
(A) 
No reasonable, prudent, alternative site is available.
(B) 
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.
(C) 
The development will be reasonably safe from flood and erosion damage.
(D) 
The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance.
(E) 
Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects.
[Amended 12-10-2024 by L.L. No. 52-2024]
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 § 169-15 of this local law. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
Upon the filing of an application for a variance and the payment of required fees, the applicant shall mail notices, postmarked no less than thirty (30) days nor more than thirty-five (35) days before the hearing, to the owners as well as the occupants of all adjoining properties within five hundred (500) feet of the exterior limits of the applicant's total property holding, as shown on the current tax roll. The notice of hearing shall state the time and place of the public hearing, and any adjournments or postponements thereof, the name of the owner and applicant, the location of the property, and the general nature of the application. In addition, the applicant shall provide a certificate of mailing for each recipient, which indicates the name and address of the person, including the occupant, to which the notice was mailed, and is duly certified by the post office. The applicant shall also file an affidavit of mailing, together with the duly certified certificates of mailing, to the Town Clerk in no less than five (5) working days before the hearing. Said affidavit shall include the name of the person that actually mailed the notices and the names and addresses of the property owners and the addresses of the occupants that were notified. Failure to mail the notices and/or provide the affidavit and/or the certificates of mailing to the Town Clerk may result in postponement of the public hearing.
[Amended 11-17-2022 by L.L. No. 32-2022]
Each variance request must be accompanied by the required fee of one thousand two hundred fifty ($1,250) dollars.
Any construction activity allowed by a variance granted by the Coastal Erosion Hazard Board of Review must be completed within one (1) year from the date of approval or approval with modifications or conditions. Variances expire at the end of this one (1) year period without further hearing or action by the Coastal Erosion Hazard Board of Review.
The Town Board, 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 local law.
(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 local law, 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 local law, 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 Town Clerk within thirty (30) days of the date of the adverse decision.
(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 State Department of Environmental Conservation for his information.
(C) 
All appeals must refer to the specific provisions of this local law involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims.
(D) 
Retention of outside consultants and independent studies.
[Added 11-16-2023 by L.L. No. 29-2023]
(i) 
Legislative intent. It is the intention of the Town Board to protect the health, safety and welfare of those residing in neighboring properties and the community-at-large and specifically real property located in a coastal erosion hazard area from the impacts of land development, and to facilitate the expeditious processing of applications by providing the Department of Maritime Services and the Coastal Erosion Hazard Board of Review with a mechanism by which they can seek the assistance of outside professionals and/or commission independent studies at the applicant's expense to assist in evaluating any matter involving an application to the Department of Maritime Services or an Appeal by an applicant to the Coastal Erosion Hazard Board of Review over which the Coastal Erosion Hazard Board of Review Board has jurisdiction. In order to accomplish these goals, the Town Board is exercising its police power and authority under § 10(1)(ii)(a)(6), (11) & (12) and § 10(1)(ii)(d)(3) of the Municipal Home Rule Law; the New York State Constitution; § 64(23) and § 130(15) of the Town Law, and any other applicable provision of law now or hereinafter enacted so as to require full payment of all such fees as a condition of approval of a permit to allow construction in a coastal erosion hazard area, and the issuance of a building permit or other Town approval.
(ii) 
As a condition of processing any matter over which it has jurisdiction, and except as otherwise set forth in Chapter 194 for Wireless Telecommunications Facilities, the Department of Maritime Services and or the Coastal Erosion Hazard Board of Review may, at any time, require an applicant to pay for the reasonable costs of such independent studies and/or outside consultants as may be reasonably related to the matter under review. All such costs shall be paid by cash or certified check and are in addition to any other required fee. Within thirty (30) days of the date on the written request for payment, the applicant shall submit to the Department of Audit & Control a fee determined by The Department of Maritime Services or the Coastal Erosion Hazard Board of Review, or its designee, and the fee shall be deposited into an account to be utilized by the Town to pay for such services during the review process. Upon request, the applicant shall be provided with copies of invoices submitted to the Town for the work of outside consultants and studies. In the event the sum initially deposited by the applicant is not sufficient and additional funds are necessary, the applicant shall pay such additional sums within twenty (20) days of the date on the written request for payment. After all reasonable charges have been paid to the vendor(s) by the Town, any balance remaining on deposit in the account shall be returned to the applicant. In the event an application is withdrawn at any stage by the applicant any unused portion of the sums on deposit shall be returned to the applicant.
(iii) 
In its discretion the Department of Maritime Services and the Coastal Erosion Board of Review may adopt or reject, in whole or in part, the findings and determinations of any consultant or study commissioned by the Board or applicant.