City of Oswego, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Oswego 6-11-1984 as L.L. No. 1-1984 (Ch. 44 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 133.
Harbors — See Ch. 143.
Waterfront revitalization — See Ch. 267.
Zoning — See Ch. 280.
Pursuant to the provisions of Article 34 of the New York State Environmental Conservation Law and § 10 of the Municipal Home Rule Law, the City of Oswego, County of Oswego, State of New York, hereby this chapter.
This chapter shall be known and may be cited as the "City of Oswego Coastal Erosion Hazard Area Law."
This chapter shall take effect twenty (20) calendar days from June 25, 1984, which is the date of this chapter's adoption and filing pursuant to § 27 of the Municipal Home Rule Law, or the date of filing the official maps, whichever is later.
The City of Oswego hereby assumes the responsibility and authority to implement and administer a coastal erosion management program within its jurisdiction pursuant to Article 34 of New York State Environmental Conservation Law. In addition, it is the purpose of this chapter to:
A. 
Establish standards and procedures for minimizing and preventing damage to structures from shoreline erosion and to protect natural protective feature areas.
B. 
Regulate, in coastal areas subject to serious erosion, land use and development activities so as to minimize or prevent damage or destruction to man-made property, natural protective features, other natural resources and to protect human life.
C. 
Regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and to ensure that these structures are not prematurely destroyed or damaged due to improper siting.
D. 
Restrict public investment in services, facilities or activities which are likely to encourage new permanent development in erosion hazard areas.
E. 
Regulate the construction of erosion protection structures in coastal areas subject to serious erosion to assure that when the construction of erosion protection structures is justified, their construction and operation will minimize or prevent damage or destruction to man-made property, private and public property, natural protective features and other natural resources.
The City of Oswego finds that the coastal erosion hazard area:
A. 
Is prone to erosion from action of Lake Ontario. Such erosion may be caused by the action of waves, currents running along the shore and wind-driven water and ice. Such areas are also prone to erosion caused by the wind, runoff of rain water along the surface of the land or groundwater seepage, as well as by human activities, such as construction, navigation and certain forms of recreation.
B. 
Experiences coastal erosion which causes extensive damage to publicly and privately owned property and to natural resources, as well as endangering human lives. When this occurs, individuals and private businesses suffer significant economic losses, as do the city and the state economies, either directly through property damage or indirectly through loss of economic return. Large public expenditures may also be necessitated for the removal of debris and damaged structures and replacement of essential public facilities and services.
C. 
Experiences erosion-related problems that are often contributed to by man's building without considering the potential for damage to property by undertaking activities which destroy natural protective features, such as dunes or vegetation; by building structures intended for erosion prevention which may exacerbate erosion conditions on adjacent or nearby property; and by water action produced by wakes from boats.
D. 
Is the subject of programs which foster erosion protection structures, either with private or public finds, which are costly, often only partially effective over time and may even be harmful to adjacent or nearby properties. In some sections of the city, major erosion protection structures of great length would be required to effectively reduce future damage due to erosion.
The following terms used in this chapter have the meanings indicated, unless the context clearly requires otherwise:
ADMINISTRATOR
The local official responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in § 95-23.
[1]
BEACH
The zone of unconsolidated material that extends landward from the mean low-water line to the place where there is a marked change in a material or physiographic form or to the line of permanent vegetation or to the waterward toe of a dune, whichever is most waterward.
BLUFF
Any bank or cliff with a precipitous or rounded face adjoining a beach or a body of water. The waterward limit of a "bluff" is the landward limit of its contiguous beach. Where no beach is present, the waterward limit is mean low water. The landward limit is twenty-five (25) feet landward of the receding edge.
COASTAL WATERS
Lake Erie, Lake Ontario, the St. Lawrence River and the Niagara River and their connecting water bodies, bays, harbors, shallows and marshes.
COASTLINE
The lands adjacent to the city's coastal waters.
COASTLINE EROSION HAZARD AREA MAP
The final map and any amendments thereof issued by the Commissioner of the New York State Department of Environmental Conservation which delineates boundaries of coastal erosion hazard areas subject to regulation under this law.
DEBRIS LINE
A linear accumulation of waterborne debris deposited on a beach by storm-induced high water or by wave action.
DUNE
A ridge or hill of loose, windblown or artificially placed material, principally sand.
EROSION
The loss or displacement of land along the coastline due to the action of waves, currents, wind-driven water, waterborne ice or other impacts of storms. It also means the loss or displacement of land due to the action of wind, runoff of surface waters or groundwaters or groundwater seepage.
EROSION HAZARD AREA
An area of the coastline which is a structural hazard area or a natural protective feature area.
EROSION PROTECTION STRUCTURE
A structure specifically designed to reduce or prevent erosion, such as a groin, jetty, seawall, revetment, breakwater or artificial beach-nourishment project.
EXISTING STRUCTURE
A structure and appurtenances in existence or one where construction has commenced or one where construction has not begun but for which a building permit has been issued prior to June 25, 1984, which is the effective date of this chapter.
MAJOR ADDITION
An addition to a structure resulting in a twenty-five-percent-or-greater increase in the ground area coverage of the structure. The increase will be calculated as the ground area coverage to be added, including any additions previously constructed under an erosion area permit, divided by the ground area coverage of the existing structure (see definition of "existing structure").
MEAN LOW WATER
The approximate average low-water level for a given body of water at a given location, determined by reference to hydrological information concerning water levels or other appropriate tests.
MOVABLE STRUCTURE
A structure designed and constructed to be readily relocated with minimum disruption of the intended use. Mobile homes and structures built on skids or piles and not having a permanent foundation are examples of "movable structures."
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, bluff, primary dune, secondary dune or marsh, and their vegetation.
NATURAL PROTECTIVE FEATURE AREA
A land and/or water area containing natural protective features, the alteration of which might reduce or destroy the protection afforded other lands against erosion or inundation.
NEARSHORE AREA
Those lands under water beginning at the mean low-water line and extending waterward in a direction perpendicular to the shoreline to a point where mean low-water depth is fifteen (15) feet or to a horizontal distance of one thousand (1,000) feet from the mean low-water line, whichever is greater.
NORMAL MAINTENANCE
Periodic replacement or repair of same-kind structural elements or protective coatings which do not change the size, design or function of the original structural. "Normal maintenance" of a structure does not require an erosion area permit.
PERSON
Any individual, public or private corporation, political subdivision, government agency, public improvement district, partnership, association, firm, trust, estate or any other legal entity whatsoever.
PRIMARY DUNE
The most waterward major dune where there are two (2) or more parallel dune lines within a coastal area. Where there is only one (1) dune present, it is the primary one. Occasionally one (1) or more relatively small dune formations exist waterward of the "primary dune." These smaller formations will be considered to be part of the "primary dune" for the purposes of this chapter. The waterward limit of a "primary dune" is the landward limit of its fronting beach. The landward limit of a "primary dune" is twenty-five (25) feet landward of its landward toe.
RECEDING EDGE
The most landward line of active erosion or, in cases where there is no discernible line of active erosion, the most waterward line of permanent vegetation.
RECESSION RATE
The rate, expressed in feet per year, at which an eroding shoreline moves landward.
REGULATED ACTIVITY
The construction, modification, restoration or placement of a structure or any action or use of land or nearshore area which materially alters the condition of land, including grading, excavating, dumping, mining, dredging, filling or other disturbance of soil operations.
RESTORATION
The reconstruction of a structure, the cost of which equals or exceeds fifty percent (50%) of the estimated full replacement cost of the total structure as determined with reference to a current cost data publication in common usage, such as Building Construction Cost Data by Means.
SECONDARY DUNE
The major dune immediately landward of the primary dune. The waterward limit of a "secondary dune" is the landward limit of its fronting primary dune. The landward limit of a "secondary dune" is twenty-five (25) feet landward of its landward toe.
SIGNIFICANT FISH AND WILDLIFE HABITAT
Those habitats essential to survival of a large portion of a particular fish or wildlife population which support rare or endangered species, that support fish or wildlife populations having significant commercial or recreational value or that would be difficult or impossible to replace.
STRUCTURAL HAZARD AREA
Those shorelands, other than natural protective features, subject to erosion and located landward of shorelines having an average annual recession rate of one (1) foot or more per year. The inland boundary of a "structural hazard area" is calculated by starting at the landward limit of a bluff and measuring along lines perpendicular to the shoreline a horizontal distance which is forty (40) times the long-term average annual recession rate.
STRUCTURE
Any object constructed, installed or placed in, on or under land or water, including, but not limited to, a building; permanent shed; garage; mobile home; public service distribution, transmission or collection systems; tanks; docks; piers; wharves; groins; jetties; seawalls; bulkheads; breakwaters; revetments; artificial beach nourishment; or any addition to or alteration of the same.
TOE
The lowest surface point on a slope face of a dune or bluff.
UNREGULATED ACTIVITY
Excepted activities which are not regulated by this chapter include, but are not limited to, elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing noncommercial access to the beach; dock, piers, wharves or structures built on floats, columns, open timber piles or other similar openwork supports with a top surface area of less than two hundred (200) square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures during normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations involving cultivation and harvesting, and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subdivision (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure.
VEGETATION
Plant life capable of surviving and successfully reproducing in the area or region and which is compatible with the environment of the coastal erosion hazard area.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The Coastal Erosion Hazard Area is hereby established to classify land and water areas within the City of Oswego, based upon shoreline recession rates or the location of natural protective features. The boundaries of the area are established on the final map[1] prepared by the New York State Department of Conservation under § 34-0104 of the New York State Environmental Conservation Law and entitled "Coastal Erosion Hazard Area Map of the City of Oswego," including all amendments made thereto by the Commissioner of the New York State Department of Environmental Conservation pursuant to § 34-0104 of the New York State Environmental Conservation Law.
[1]
Editor's Note: Said map is on file at the office of the City Engineer.
A. 
No person shall engage in any regulated activity in an erosion hazard area as depicted on the Coastal Erosion Hazard Area Map of the City of Oswego, as amended, without first obtaining an erosion area permit. No erosion area permit is required for unregulated activities.
B. 
Permit applicants with outstanding violations or unpaid monies.
(1) 
No such permit shall be granted to or renewed for an applicant who is in violation of any City of Oswego code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of City ordinances or any other fees or past due monies of any name or nature owed to the City of Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L. No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a) 
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
(b) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
(c) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this local law.
(d) 
Such permit, once granted, shall be revoked in the event that the applicant accrues violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted. The revocation shall take effect five business days after receipt by the permit holder of notice from the City of Oswego of the pending revocation. Upon such revocation, all permitted activities and privileges shall immediately cease.
(e) 
No application fees shall be refunded upon revocation of the permit.
(f) 
The applicant must reapply for the issuance of such revoked permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once a new permit has been granted.
(g) 
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
(2) 
Notwithstanding the provisions contained in this section to the contrary, when in the opinion of the Director of Code Enforcement the issuance of a permit is necessary to prevent harm to life, safety, or the general welfare of the public, the Director of Code Enforcement shall be authorized to issue said permit for the sole and exclusive purpose of bringing such violations into compliance with the Code of the City of Oswego. Nothing contained herein shall relieve the property owner from complying with all other applicable sections of the Code including, without limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L. No. 2-2017]
An erosion area permit will be issued only with a finding by the Administrator that the proposed regulated activity:
A. 
Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location.
B. 
Is not likely to cause a measurable increase in erosion at the proposed site or at other locations.
C. 
Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures or natural resources.
The following restrictions apply to regulated activities within structural hazard areas:
A. 
An erosion area permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater. Systems installed along the shoreline must be located landward of the shoreline structures.
B. 
The construction of nonmovable structures or placement of major nonmovable additions to an existing structure is prohibited.
C. 
Permanent foundations may not be attached to movable structures, and any temporary foundations are to be removed at the time the structure is moved. Below-grade footings will be allowed if satisfactory provisions are made for their removal.
D. 
No movable structure may be located closer to the landward limit of a bluff than twenty-five (25) feet or, where no bluff or dune is present, within twenty-five (25) feet of the landward limit of a beach.
E. 
No movable structure may be placed or constructed such that, according to accepted engineering practice, its weight places excessive groundloading on a bluff.
F. 
Plans for landward relocation of movable structures must be included with each application for a permit. Movable structures which have been located within a structural hazard area, pursuant to an erosion area permit, must be removed before the edge of the structure closest to the line of recession is within ten (10) feet of the receding edge. The last owner of record, as shown on the latest assessment roll, is responsible for removing that structure and its foundation, unless a removal agreement was attached to the original erosion area permit. With the attachment of a removal agreement of the erosion area permit, the landowner or the signator is responsible for the landward relocation of movable structures. Removal agreements may be made when the last owner of record and the owner of the structure are different with the approval of the city at the time the permit is issued.
G. 
Debris from structural damage which may occur as a result of sudden unanticipated bluff-edge failure, dune migration or wave or ice action must be removed within sixty (60) days of the damaging event.
H. 
Any grading, excavating or other soil disturbance conducted within a structural hazard area must not direct surface water runoff over the receding edge.
A. 
Nearshore areas function as reservoirs of sand, gravel, and other unconsolidated material for beaches. Sandbars, which are located in nearshore areas, control the orientation of incoming waves and promote the development of icecap formations which help to protect shorelines during winter storms. The roots of aquatic vegetation in nearshore areas bind fine grained silts, clays and organic matter to form a fairly cohesive bottom that resists erosion.
B. 
The following restrictions apply to regulated activities in nearshore areas:
(1) 
Excavating, mining or dredging which diminishes erosion protection afforded by a natural protective feature in a nearshore area is prohibited, except construction or maintenance of navigation channels, bypassing sand around natural and man-made obstructions and artificial beach nourishment, all of which require an erosion area permit.
(2) 
Clean sand or gravel of a compatible type and size is the only material which may be deposited within nearshore areas. Any deposition will require an erosion area permit.
A. 
Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are low or narrow. Beaches also act as reservoirs of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation.
B. 
The following restrictions apply to regulated activities in beach areas:
(1) 
Excavation or mining which diminishes the erosion protection afforded by beaches is prohibited.
(2) 
Clean sand or gravel of a compatible type and size is the only material which may be deposited within beach areas. Any deposition will require an erosion area permit, which may be issued only for expansion or stabilization of beaches.
(3) 
Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department of Environmental Conservation.
A. 
Dunes prevent wave overtopping and store sand for coastal processes. High, vegetated dunes provide a greater degree of protection than low, unvegetated ones. Dunes are of the greatest protective value during conditions of storm-induced high water. Because dunes often protect some of the most biologically productive areas, their value is especially great. The key to maintaining a stable dune system is the establishment and maintenance of beach grass or other vegetation on the dunes and assurance of a supply of nourishment sand to the dunes.
B. 
The following restrictions apply to regulated activities in dune areas:
(1) 
In primary dune areas:
(a) 
Excavating or mining of primary dunes is prohibited.
(b) 
Clean sand of a compatible type and size is the only material which may be deposited.
(c) 
All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of or restore a dune or dune area.
(d) 
Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department.
(2) 
In secondary dune areas:
(a) 
All depositions must be of clean sand of a compatible type and size, and all grading must be performed so as to increase the size of or restore a dune or former dune area.
(b) 
Excavation or mining must not diminish the erosion protection afforded by the natural protective feature.
(c) 
Permitted construction, reconstruction, restoration or modifications must be built on adequately anchored pilings, such that at least three (3) feet of open space exists between the floor joists and the surface of the secondary dune; and the permitted activity must leave the space below the lowest horizontal structural members free of obstructions.
(3) 
All other activities and development in dune areas are prohibited, unless specifically provided for by this chapter.
(4) 
The restrictions of § 95-16, Traffic control, apply to dune areas.
A. 
Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features.
B. 
Prohibited activities; restrictions.
(1) 
The following activities are prohibited on bluffs:
(a) 
Excavating or mining, except when in conjunction with conditions stated in an erosion area permit issued for minor alterations in construction of an erosion protection structure or for provision of shoreline access.
(b) 
All development, unless specifically allowed by this section.
(c) 
Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the Department.
(d) 
Soil disturbance that directs surface water runoff over the receding edge.
(2) 
The restrictions of § 95-16, Traffic control, shall apply to bluffs.
C. 
Activities specifically allowed under this section are:
(1) 
Minor alteration of a bluff done in accordance with conditions stated in an erosion area permit issued for new construction, modification or restoration of an erosion protection structure.
(2) 
Bluff cuts done in accordance with conditions stated in an erosion area permit issued for the provision of shoreline access, provided that:
(a) 
Cuts are made in a direction perpendicular to the shoreline.
(b) 
Ramp slopes may not exceed one to six (1:6).
(c) 
Side slopes may not exceed one to three (1:3) unless terraced or otherwise structurally stabilized.
(d) 
Side slopes and other disturbed nonroadway areas must be stabilized with vegetation or other approved physical means.
(e) 
Completed roadways must be stabilized and drainage provided for.
(3) 
New construction, modification or restoration of walkways or stairways done in accordance with conditions of an erosion area permit.
The following requirements apply to the construction, modification or restoration of erosion protection structures:
A. 
The construction, modification or restoration of erosion protection structures must:
(1) 
Not be likely to cause a measurable increase in erosion at the development site or at other locations.
(2) 
Minimize and, if possible, prevent adverse effects upon natural protective features, existing erosion protection structures and natural resources, such as significant fish and wildlife habitats.
B. 
All erosion protection structures must be designed and constructed according to generally accepted engineering principles which have demonstrated success or, where sufficient data is not currently available, a likelihood of success in controlling long-term erosion. The protective measures must have a reasonable probability of controlling erosion on the immediate site for at least thirty (30) years.
C. 
All materials used in such structures must be durable and capable of withstanding inundation, wave impacts, weathering and other effects of storm conditions for a minimum of thirty (30) years. Individual component materials may have a working life of less than thirty (30) years only when a maintenance program ensures that they will be regularly maintained and replaced as necessary to attain the required thirty (30) years of erosion protection.
D. 
A long-term maintenance program must be included with every permit application for construction, modification or restoration of an erosion protection structure. The maintenance program must include specifications for normal maintenance of degradable materials. To assure compliance with the proposed maintenance program, a bond may be required.
Motorized and nonmotorized traffic must comply with the following restrictions:
A. 
Motor vehicles must not travel on vegetation, must operate waterward of the debris line and, when no debris line exists, must operate waterward of the waterward toe of the primary dune or bluff.
B. 
Motor vehicle traffic is prohibited on primary dunes, except for officially designated crossing areas and on bluffs.
C. 
Pedestrian passage across primary dunes must utilize elevated walkways and stairways or other specially designed dune crossing structures.
A. 
Applicability. The requirements of this chapter do not apply to emergency activities that are necessary to protect public health, safety or welfare, including preventing damage to natural resources. Whenever emergency activities are undertaken, damage to natural protective features and other natural resources must be prevented, if possible, or minimized.
B. 
Notification to Administrator. The Administrator must be notified by the person responsible for taking the emergency measures within two (2) working days from the commencement of an emergency measure, and a description of the problem and activities must be provided. The description shall be in written form, outline the public health or safety or resource for which protection was sought and relate the measures which were taken to secure the protection.
C. 
Improper or insufficient notification. If the Administrator determines that a regulated activity has been undertaken without an erosion area permit and does not meet the emergency activity criteria, then the Administrator shall order the immediate cessation of the activity. In addition, the Administrator may require:
(1) 
Removal of any structure that was constructed or placed without an erosion area permit.
(2) 
The return to former conditions of any natural protective feature that was excavated, mined or otherwise disturbed without an erosion area permit.
A. 
Strict application of the standards and restrictions of this chapter 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:
(1) 
No reasonable, prudent, alternative site is available.
(2) 
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.
(3) 
The development will be reasonably safe from flood and erosion damage.
(4) 
The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance.
(5) 
Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects.
B. 
Format and procedure. 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 Subsection A of this section. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
C. 
Fees. Each variance request shall be accompanied by the required fee or fees as established by the city legislative body, under separate resolution.
D. 
Expiration. 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 shall expire at the end of this one-year period without further hearing or action by the Coastal Erosion Hazard Board of Review.
A. 
The Zoning Board of Appeals is hereby designated as the Coastal Erosion Hazard Board of Review and shall have the authority to:
(1) 
Hear, approve, approve with modification or deny requests for variances or other forms of relief from the requirements of this chapter.
(2) 
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 chapter, including any order requiring an alleged violator to stop, cease and desist.
B. 
The Coastal Erosion Hazard Board of Review may, in conformity with the provision of this chapter, 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 shall forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows:
(1) 
Appeals must be filed with the Municipal Clerk within thirty (30) days of the date of the adverse decision.
(2) 
All appeals made to the Coastal Erosion Hazard Board of Review shall be in writing on standard forms prescribed by the Board. The Board shall transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information.
(3) 
All appeals shall refer to the specific provisions of this chapter involved, specify the alleged error, the interpretation thereof that is claimed to be correct and the relief which the appellant claims.
Any person or persons jointly or severally aggrieved by a decision by the Coastal Erosion Hazard Board of Review or any officer, department, board or bureau of the city may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
An erosion area permit will be issued for regulated activities which comply with the general standards (§ 95-9), restrictions and requirements of the applicable sections of this chapter, provided that the following is adhered to:
A. 
The application for an erosion area permit shall 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 one foot to twenty-four thousand feet (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 an erosion area permit shall be accompanied by the required fees as established by the city legislative body under separate resolution.
C. 
Permits shall be issued by and bear the name and signature of the Administrator and shall 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 (1) erosion area 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 shall not invalidate the remainder.
E. 
An erosion area permit may be issued with such terms and conditions as are necessary to ensure compliance with the policies and procedures of Article 34 of the New York State Environmental Conservation Law, implementing Article 34 (6 NYCRR 505) and the laws and policies of the city.
F. 
Permits are not transferable or assignable.
G. 
When an application is made for a 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 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 issuance, denial or modification of such permits, variances or other forms of approval as they may have been granted by law.
[Added 4-10-1989 by L.L. 1-1989]
The city 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 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 shall have 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 local law.
C. 
Review and take appropriate actions on completed applicants.
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, 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 State Environmental Conservation Law, 6 NYCRR 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.
A. 
The provision, regulations, procedures and standards of this chapter shall be held to be the minimum requirements necessary to carry out the purposes of this chapter.
B. 
The provisions of this chapter shall 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.
C. 
An erosion area 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 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 two hundred fifty dollars ($250.) or imprisonment for a period not to exceed six (6) months, or both. Each day's continued violation of this chapter shall constitute a separate additional violation. Nothing herein shall 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 violations of this chapter.
The city legislative body may, on its motion or on petition or on recommendation from the Planning Board, amend, supplement or repeal the provisions, regulations, procedures or standards of this chapter.
A. 
When an amendment is duly proposed, the city legislative body must:
(1) 
Notify the Commissioner of the New York State Department of Environmental Conservation, in writing, of all proposed amendments and request his advice as to whether such amendment is subject to his approval and, if so, whether such amendment conforms to the minimum standards of a certified program.
(2) 
Issue public notice and conduct a hearing on all proposed amendments. The city legislative body, by resolution, shall cause notice of such hearing's time, date and place to be published in the official newspaper not less than ten (10) days prior to the date of the hearing.
(3) 
Refer the proposed amendment at least thirty (30) days prior to the public hearing, in writing, to:
(a) 
The Planning Board, unless initiated thereby, for its review of the amendment and its report to the city legislative body of recommendations thereon, including a full statement of reasons for such recommendations.
(b) 
The County Planning Board for its review and recommendation pursuant to Article 12-B, § 239-m, of the New York State General Municipal Law.
B. 
Approval by Commissioner. After enactment, the amendment must be sent to the Commissioner of Environmental Conservation for certification.
C. 
Recording. After an amendment to this chapter has been initially reviewed and found to be in conformance by the Commissioner of the New York State Department of Environmental Conservation, completed the public hearing process and intergovernmental review, been finally approved and adopted by the city legislative body and been certified by the Commissioner, the Clerk shall file, as prescribed by § 27 of the Municipal Home Rule Law:
(1) 
One (1) copy in the Clerk's office.[1]
[1]
Editor's Note: Former Subsection C(2), dealing with filing with the office of State Comptroller, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(2) 
Three (3) copies in the office of the Secretary of State.
(3) 
One (1) copy with the Commissioner of the New York State Department of Environmental Conservation.