A Coastal Erosion Management Permit will be issued for regulated activities which comply with the General Standards (§
169-4), restrictions, and requirements of the applicable sections of this local law, 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 a 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 the required fee of one hundred ($100) dollars.
(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 permittee.
(4)
Permit number and date of issuance.
(5)
Period of permit validity. If not otherwise specified a permit
will expire one (1) 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 local law, 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.
(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 Town of Huntington.
(F) When an application is made for a Coastal Erosion Management Permit,
variance thereto, or other form of approval required by this local
law, 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 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 of Huntington 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 of Huntington so as
to ensure compliance with the terms and conditions stated in the Coastal
Erosion Management Permit.
The authority for administering and enforcing this local law
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 local law.
(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 local law.
(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 local law
or request for information from the New York State Department of Environmental
Conservation.
(J) Perform normal and customary administrative functions required by
the Town of Huntington, relative to the Coastal Erosion Hazard Areas
Act, Article 34 of the New York State Environmental Conservation Law,
6 NYCRR Part 505, and this local law.
(K) Have, in addition, powers and duties as are established in, or reasonably
implied from this local law as are necessary to achieve its stated
purpose.
The provisions, regulations, procedures, and standards of this
local law will be held to be the minimum requirements necessary to
carry out the purposes of this local law.
The provisions of this local law will take precedence over any
other laws, ordinances, or codes in effect in the Town of Huntington
to the extent that the provisions of this local law are more stringent
than such other laws, ordinances, or codes. A Coastal Erosion Management
Permit issued pursuant to this local law 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 local law 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
local law 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 local law.
[Amended 11-6-2019 by L.L. No. 56-2019]
A violation of this chapter is hereby declared to be an offense
punishable by a fine of not less than two hundred fifty ($250) dollars
and not exceeding one thousand ($1,000) dollars or imprisonment for
a period not to exceed six (6) months or both. Each day's continued
violation of this chapter will constitute a separate additional offense.
Any person or entity found by the Bureau of Administrative Adjudication
to have violated a provision of this chapter shall likewise be subject
to a monetary penalty within the range of fines authorized herein
for any offense or continuing offense. Nothing herein will prevent
the proper local authorities of the Town of Huntington from taking
such other lawful actions or proceedings as may be necessary to restrain,
correct, or abate any violation of this chapter, including the commencement
of an action by the Town Attorney in a court of competent jurisdiction
for injunctive relief and civil penalties in the amount of up to five
hundred ($500) dollars per day.