A coastal erosion management permit will be issued for regulated activities which comply with §
127-9, General standards, and the 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 City Council under separate resolution.
C. Permits will be issued by and bear the name and signature
of the administrator and will specify the following:
(1) The activity or operation for which the permit is
issued.
(2) The address or location where the activity or operation
is to be conducted.
(3) The name and address of permittee.
(4) The permit number and date of issuance.
(5) The 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.
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 (6 NYCRR Part 505) and the laws and policies of the City.
F. When an application is made, the coastal erosion management
permit, 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, such as 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 City of New Rochelle 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 City of New Rochelle so as to ensure compliance with terms
and conditions stated in the Coastal Erosion Management Permit.
The authority for administering and enforcing
this chapter is hereby conferred upon the Commissioner of Public Works
as 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 City, relative to the Coastal Erosion Hazard Areas
Act, Article 34 of the New York 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.
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 City 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 not does it convey any rights or interest in real
property.
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 chapter.
A violation of this chapter is hereby declared
to be an offense punishable by a fine not exceeding $250 or imprisonment
for a period not to exceed six months, 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 City
from taking such other lawful actions or proceedings as may be necessary
to restrain, correct or abate any violation of this chapter.