A coastal erosion management permit will be issued for regulated activities which comply with §
49-8 and restrictions and requirements of the applicable sections of this chapter, provided that 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 or fees as established
by the Village Board under separate resolution.
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 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) 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 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 (Part 505 of Title 6 of the New York Codes, Rules and Regulations)
and the laws and policies of the Village.
F. When an application is made for a coastal erosion
management permit, a 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 Zoning Enforcement Officer 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 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 erosion area 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,
Part 505 of Title 6 of the New York Codes, Rules and Regulations 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.
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.
[Amended 7-11-2002 by L.L. No. 1-2002; 8-13-2020 by L.L. No. 7-2020]
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in Article
II of Chapter
1 of the Code of the Village of Southampton.