[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.]
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:
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]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.
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.
Lake Erie, Lake Ontario, the St. Lawrence River and the Niagara
River and their connecting water bodies, bays, harbors, shallows and
marshes.
The lands adjacent to the city's coastal waters.
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.
A linear accumulation of waterborne debris deposited on a
beach by storm-induced high water or by wave action.
A ridge or hill of loose, windblown or artificially placed
material, principally sand.
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.
An area of the coastline which is a structural hazard area
or a natural protective feature area.
A structure specifically designed to reduce or prevent erosion,
such as a groin, jetty, seawall, revetment, breakwater or artificial
beach-nourishment project.
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.
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").
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.
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."
A nearshore area, beach, bluff, primary dune, secondary dune
or marsh, and their vegetation.
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.
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.
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.
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate or any other legal entity whatsoever.
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.
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.
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
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.
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.
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.
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.
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.
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.
The lowest surface point on a slope face of a dune or bluff.
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.
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.
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.
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.
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:
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:
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:
