Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 4-3-2001 by L.L. No. 7-2001, effective 4-9-2001.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bay and harbor bottoms — See Ch. 8.
Beaches — See Ch. 9.
Docks — See Ch. 22.
Shellfish — See Ch. 57.
Vegetation on beach areas — See Ch. 75.
Water resources — See Ch. 78.
Critical environmental areas — See Ch. 80.
Wooden public walks — See Ch. 83.
[1]
Editor's Note: This local law repealed former Ch. 76, Coastal Erosion Hazard Areas, adopted 3-7-1995 by L.L. No. 9-1995.
A. 
Purpose. The Town Board of the Town of Brookhaven hereby declares its intent to establish a coastal erosion management program pursuant to its authority under Article 34 of the Environmental Conservation Law, applicable to the Town's north shore and Fire Island coastal areas, in furtherance of this Board's ongoing policy of preservation, protection and enhancement of the Town's unique natural environment by implementing this program and through the regulatory framework for the Town's coastal areas as set forth herein below, which includes but is not limited to the following goals and objectives:
(1) 
To establish standards calculated to minimize and/or prevent damage to existing structures from coastal flooding and erosion and to preserve natural protective features and/or other natural resources.
(2) 
To regulate land use and development activities so as to minimize and/or prevent damage and/or destruction to existing physical improvements, natural protective features, other natural features and resources, and for the protection of human life.
(3) 
To regulate new construction in environmentally sensitive areas, including but not limited to the siting of structures a safe distance away from areas of active erosion and away from reasonably anticipated impacts of coastal storms in order to prevent premature damage and/or destruction thereof, and prevent damage to natural protective features and other natural resources.
(4) 
To regulate the construction of erosion protection structures in coastal areas which are subject to serious erosion, in order to assure that, if justified, the construction and operation of such structures will minimize or prevent damage of or destruction to improvements thereto on private and public real property, natural protective features, and other natural resources.
(5) 
To restrict public investment in services, facilities, or activities which are likely to encourage new permanent development in erosion hazard areas.
B. 
Findings. This Town Board hereby finds and determines that the coastal erosion hazard areas, located on its north shore and Fire Island shorelines:
(1) 
Are prone to erosion from the action of the Long Island Sound and the Atlantic Ocean, respectively. 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 rainwater along the surface of the land, or groundwater seepage, as well as by human activities such as construction, navigation and certain forms of recreation.
(2) 
Experience 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 Town 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 the replacement of essential public facilities and services.
(3) 
Experience 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.
(4) 
Are the subject of programs which foster erosion protection structures, either with private or public funds, which are costly, often only partially effective over time, and may even be harmful to adjacent or nearby properties. In some sections of the Town, major erosion protection structures of great length would be required to effectively reduce future damages due to erosion.
This chapter shall be known as and may be cited as the "Coastal Erosion Hazard Area Law."
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Director of the Division of Environmental Protection.
APPARENT 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.
BEACH
The zone of unconsolidated earth that extends landward from the apparent low water line to the waterward toe of a dune or bluff, whichever is most waterward; where no dune or bluff exists landward of a beach, the landward limit of a beach shall be 100 feet landward from the place where there is a marked change in natural material or physiographic form, or from the line of permanent vegetation, whichever is most waterward; shorelands subject to seasonal or more frequent overwash or inundation shall constitute a beach.
BLUFF
Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is 25 feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. (The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline.)
[Amended 12-17-2002 by L.L. No. 26-2002, effective 12-20-2002]
COASTAL EROSION HAZARD AREAS (CEH AREAS)
Those so identified and depicted on the final maps prepared by the State Department of Environmental Conservation, as amended by the Commissioner, pursuant to § 34-0104 of the Environmental Conservation Law, entitled "Coastal Erosion Hazard Area Map For The North Shore of the Town of Brookhaven" and "Coastal Erosion Hazard Area Map" for Fire Island in the Town of Brookhaven.
COASTAL EROSION HAZARD AREA MAP
The final map, and amendments thereto as shall be issued by the Commissioner of the Department of Environmental Conservation, delineating boundaries of coastal erosion hazard areas.
COASTAL EROSION MANAGEMENT PERMIT
A written approval for the undertaking of any regulated activity within coastal erosion hazard areas as mapped by the Commissioner.
COASTAL VEGETATION
Plant life capable of surviving and successfully reproducing and which is compatible with the natural environment of the designated coastal erosion hazard area(s).
COASTAL WATERS
Include Long Island Sound and the Atlantic Ocean.
COASTLINE
Lands adjacent to the Town's coastal waters.
COMMISSIONER
The Commissioner of the Department of Environmental Conservation.
DEBRIS LINE
A linear accumulation of water-borne debris deposited on a beach by high water or by wave action.
DUNE
A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand, includes the primary dune and a secondary dune, if existent.
EMERGENCY
A natural or an accidental human-made event which presents an immediate threat to life, health, safety, property, or the environment.
EMERGENCY ACTIVITIES
Those proposed actions designed to provide structural support to buildings or structures that have incurred or are in imminent peril of incurring damage and without which such buildings or structures may suffer such further failure as may cause them to exacerbate erosion, or increase damage to other buildings, or structures, or to natural or man-made protective features, by water- or wind-borne remnants and debris from such failed buildings or structures.
EROSION
The loss or displacement of land along the coastline due to the action of waves, currents, wind-driven water, water-borne ice or other impacts of storms and/or the loss or displacement of land due to the action of wind, surface runoff or groundwater seepage.
EROSION HAZARD AREA
An area of the coastline that is a natural protective feature area.
EROSION PROTECTION STRUCTURE
A structure specifically designed to reduce or prevent erosion such as a groin, jetty, 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 the effective date of this chapter. “Existing structure” also includes any structure or appurtenance which was initially constructed outside an erosion hazard area, but as a result of amendments to coastal erosion hazard area maps is located in an erosion hazard area.
FIRE ISLAND
A barrier island located on the south shore of Brookhaven also known as the Great South Beach. For purposes of this chapter, “Fire Island” refers only to the side of Fire Island fronting the Atlantic Ocean.
FUNCTIONAL STRUCTURE
A functioning structure is one, which is fully performing as originally designed.
GRADING
A redistribution of sand or other unconsolidated earth to effect a change in profile.
MAJOR ADDITION
An addition to a structure resulting in a twenty-five-percent or greater increase in the ground area coverage of the structure other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the ground area coverage to be added, including any additions previously constructed under a coastal erosion management permit, divided by the ground area coverage of the existing structure as defined in “existing structure.”
MINOR ADDITION
Any addition other than a major addition.
MODIFICATION
A change in the size, design or function of a structure or erosion protection structure.
NATURAL PROTECTIVE FEATURE
A near-shore 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 may reasonably be anticipated to reduce or destroy the protection afforded nearby lands against erosion from natural high water, or result in the lowering of existing sand reserve(s), or natural materials available for natural replenishment of storm losses through natural processes.
NEAR-SHORE AREA
Underwater lands beginning at the apparent low water line and extending waterward in a direction perpendicular to the shoreline to a point where apparent low water depth is 15 feet, or to a horizontal distance of 1,000 feet from the apparent low water line, whichever is greater.
NORMAL MAINTENANCE
Periodic replacement or repair of like-kind structural elements or protective coatings which do not result in the alteration of the size, design or function of an existing functional structure.
NORTH SHORE
The area of shoreline directly fronting Long Island Sound, excluding its bays and harbors.
PERSON
Any individual, public or private corporation, political subdivision, government agency, public improvement district, partnership, association, firm, trust, estate or any legal entity whatsoever.
PRIMARY DUNE
The most waterward major dune where there are two or more parallel dunes within a coastal area. Where there is only one dune present, it is the primary dune. Occasionally one or more relatively small dune forms exist seaward of the primary dune. These smaller formations will be considered to be part of the primary dune for the purposes of this chapter. The seaward limit of the primary dune is the landward limit of its fronting beach. The landward limit of the primary dune is 25 feet landward of its landward toe.
RECEDING EDGE
The most landward line of active erosion.
RECESSION RATE
The average rate, expressed in feet per year, at which an eroding shoreline moves landward.
REGULATED ACTIVITY
The construction, modification, restoration or placement of a structure, major addition to a structure, or any action or use of land which materially alters the condition of land or the vegetation protective thereof including grading, excavating, dumping, mining, dredging, filling, other disturbance to the soils, or the alteration of existing vegetation protecting a bluff or dune area which diminishes said vegetation's protective quality applicable to a natural protective feature relating to erosion, such as the cutting (mowing) of grasses, the cutting or pruning or topping of shrubs and trees.
RESTORATION
The reconstruction without modification of a structure, the cost of which equals or exceeds 50% of the estimated current full replacement cost thereof at the time of restoration. Modifications, however, maybe allowed if they do not exceed preexisting size limits and are intended to mitigate the impacts to natural protective features and other natural resources.
SECONDARY DUNE
The major dune immediately landward of a primary dune, the seaward limit of which is the landward limit of its fronting primary dune, and the landward limit of which is 25 feet landward of its landward toe.
SIGNIFICANT FISH AND WILDLIFE HABITAT
Habitats which:
A. 
Are essential to the survival of a substantial portion of a particular fish or wildlife population;
B. 
Support rare or endangered species;
C. 
Are found at a very low frequency within a geographic area;
D. 
Support fish or wildlife populations having important commercial or recreational value(s); or
E. 
That would be difficult or impossible to replace.
STRUCTURE
Any fabricated object constructed, installed or placed in, on, or under land or water, including, but not limited to: building(s), shed(s); decks; swimming pools; garages; mobile homes; roads; public service distribution and transmission facilities, or collection system(s); tanks; docks; piers; wharfs; groins; jetties; seawalls; bulkheads; breakwaters; revetments; and any addition to or alteration of the aforesaid.
TOE
The lowest point on a dune or bluff slope.
UNREGULATED ACTIVITY
Activities not subject to regulation under this chapter, including but not limited to: elevated walkways and stairways constructed solely for pedestrian use and installed by an individual property owner(s) solely for noncommercial access to the beach; ordinary beach grooming and clean-up; ordinary and customary maintenance of structures and/or in compliance with an approved maintenance program; planting coastal vegetation; establishing sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas which are intended to stabilize and/or enhance dune dimensions or increase dune height; the implementation of practices recommended in a soil and water conservation plan as defined in Section 3(12) of the Soil and Water Conservation Districts Law, provided that agricultural operations and the implementation of practices as aforesaid shall not be construed to include any activity that involves the construction or installation of a structure(s).
The following enumerated activities shall be prohibited in coastal erosion hazard areas:
A. 
In near-shore areas:
(1) 
Excavation, grading, mining or dredging which is reasonably anticipated to result in the diminution of erosion protection afforded by existing features of the near-shore area, unless specifically authorized by this chapter;
(2) 
The construction of new structure(s);
(3) 
Activities not otherwise authorized by this chapter;
B. 
In beach areas:
(1) 
Excavation, grading or mining which diminishes the erosion protection afforded by the beach as then configured;
(2) 
Construction of new structure(s) unless otherwise specifically authorized by this chapter;
(3) 
Disturbance to active bird nesting and breeding areas unless such disturbance is pursuant to an approved wildlife management activity as evidenced by a duly authenticated written approval by the Department of Environmental Conservation;
(4) 
Activities not otherwise authorized by this chapter.
C. 
In primary dune areas:
(1) 
Excavation, grading or mining of a primary dune;
(2) 
Vehicular traffic except in areas specifically designated for dune crossing by vehicles;
(3) 
The construction and/or installation of any new structure unless otherwise authorized by this chapter;
(4) 
Disturbance to active bird nesting and breeding areas unless such disturbance is pursuant to an approved wildlife management activity as evidenced by a duly authenticated written approval by the Department of Environmental Conservation;
(5) 
Activities not otherwise authorized by this chapter.
(6) 
Pedestrian traffic which causes sufficient damage to primary dunes to diminish the erosion protection afforded by them.
D. 
In bluff areas:
(1) 
Excavation, grading or mining except:
(a) 
The minor alteration of a bluff subject to such reasonable conditions as may be set forth in a coastal erosion management permit issued therefor; and
(b) 
A bluff cut made in a direction perpendicular to the shoreline to provide shoreline access so long as: the ramp slope of the bluff cuts shall not exceed 1:6; the side slopes shall not exceed 1:3, unless terraced or otherwise structurally stabilized; side slopes and other disturbed non-roadway areas are stabilized with vegetation and/or other approved physical means; completed roadways are stabilized with adequate drainage, all of which shall be subject to such reasonable conditions as may be set forth in the permit therefor.
(2) 
Vehicular traffic;
(3) 
All construction or installation of improvements unless otherwise authorized by the provisions of this chapter;
(4) 
Disturbance of soil(s) which may be reasonably anticipated to result in the redirection of surface water runoff over a bluff face;
(5) 
Disturbance to active bird nesting and breeding areas unless part of an authorized wildlife management activity, evidenced by a duly authenticated written approval by the Department of Environmental Conservation;
(6) 
All other activities unless otherwise authorized by the provisions of this chapter.
A permit shall be required for any of the following activities when proposed for sites located within a coastal erosion hazard area:
A. 
In near-shore areas:
(1) 
Excavation, grading and dredging activities performed in conjunction with the construction and/or maintenance of navigation channels; the bypassing of sand around natural and man-made obstructions; and artificial beach nourishment;
(2) 
The deposit of clean sand or gravel so long as any such material is comprised of grains equivalent to or slightly larger in size to that of existing near-shore area sediments;
(3) 
The new construction, modification, or restoration of docks, piers, wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment;
B. 
In beach areas:
(1) 
The deposit of clean sand or gravel so long as any such material shall be composed of an equivalent or slightly larger grain size than existing beach sand or gravel;
(2) 
Minor additions to existing structures;
(3) 
The modification or restoration of docks, piers, wharves, boardwalks, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment.
(4) 
Exceptions. Docks, piers, wharves, or other similar water-access structures built on floats, columns, open timber, piles, or similar open-work supports having a top surface area of 200 square feet or less or docks, piers, wharves, or other structures built on floats and removed in the fall of each year are excepted from this permit requirement.
C. 
In primary dune areas:
(1) 
The deposit of clean sand, so long as composed of material which is of a compatible type and size to that of the existing sands, which deposits shall be vegetatively stabilized, within the time period specified in the permit, using species tolerant of existing conditions and placed in such a manner as to increase the size of and/or restore the dune or dune area;
(2) 
Minor additions to existing structures;
(3) 
New construction, modification, or restoration of stone revetments or other erosion protection structures compatible with primary dunes, provided they are located at the seaward toe of the primary dune and do not interfere with the exchange of sand between the primary dune and its fronting beach;
(4) 
New construction, modification, or restoration of elevated walkways or stairways.
D. 
In secondary dune areas:
(1) 
The deposit of clean sand of a compatible type and size to that existing so long as said deposit increases the size or restores the dune or former dune area;
(2) 
Excavation, grading, or mining so long as no diminution of the erosion protection afforded by the secondary or primary dune may be reasonably anticipated to result;
(3) 
Minor additions to existing structures;
(4) 
The construction of new structures, restoration, or modification of existing structures or major addition to an existing structure so long as built on adequately anchored pilings providing a minimum of three feet of open space between the unobstructed floor joists and dune surface.
E. 
In bluff areas:
(1) 
Minor alterations, excavation, mining and filling associated with the construction of an erosion protection structure;
(2) 
Bluff cuts, so long as:
(a) 
Made in a direction perpendicular to the shoreline;
(b) 
The ramp slope does not exceed 1:6;
(c) 
The side slopes do not exceed 1:3 unless terraced or otherwise structurally stabilized;
(d) 
The side slopes and other disturbed nonroadway areas are stabilized with vegetation or other physical means;
(e) 
The access roadway, if any, is stabilized and includes adequate drainage facilities;
(3) 
Construction of walkways or stairways;
(4) 
Restoration or modification of existing walkways or stairways;
(5) 
Minor additions to existing structures.
F. 
Erosion protection structures requirements. The construction, modification or restoration of erosion protection structures, including the modification or restoration of existing erosion protection structure, excluding normal maintenance, subject to the following:
(1) 
The proposed improvement(s) is not reasonably anticipated to result in a measurable increase in erosion at the development site or elsewhere;
(2) 
The proposed improvement(s) minimizes and/or prevents adverse effects upon natural protective features, and natural resources such as significant fish and wildlife habitats to the main extent practicable;
(3) 
Such improvement(s) are designed and constructed in accordance with generally accepted engineering principles and are demonstrably successful in controlling long-term erosion, or for which there is a reasonable probability of controlling erosion at the site for a period of at least 30 years;
(4) 
All materials used in such structures shall be durable and capable of withstanding inundation, wave impacts, weathering, and other effects of storm conditions for a minimum of 30 years. Component materials which have a working life of less than 30 years shall be subject to a program ensuring regular maintenance and/or replacement during a period of 30 years;
(5) 
Where appropriate, the establishment of a long-term maintenance program for the new, modified or reconstructed erosion protection structure and/or improvement, including specifications for regular maintenance of degradable materials and replacement thereof.
G. 
Permits shall be issued only upon the Administrator's determination and findings that the proposed activity:
(1) 
Is reasonable and necessary upon consideration of alternatives to the proposed activity and its proposed location;
(2) 
Is not likely to cause a measurable increase in erosion at the proposed site and/or at other related locations;
(3) 
Prevents or minimizes, to the maximum extent practicable, adverse effects on:
(a) 
Natural protective features;
(b) 
Their functions and protective values;
(c) 
Existing erosion protection structures; and
(d) 
Existing natural resources, including but not limited to significant fish and wildlife habitats and shellfish beds.
H. 
Application. The permit application shall be on such form as may be promulgated by the Administrator, which shall include, at minimum, the following 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 deemed reasonably necessary by the Administrator to properly evaluate the proposed activity;
(4) 
Fee.
I. 
Contents. Permits shall set forth the following elements:
(1) 
The activity(ies) authorized;
(2) 
The address or location of the proposed activity;
(3) 
The name and address of the applicant;
(4) 
Permit number and date of issuance;
(5) 
The period covered by the permit, if not otherwise specified, shall be one year from date of issuance;
(6) 
Terms and conditions as the Administrator deems necessary to ensure compliance with Article 34 of the Environmental Conservation Law, its implementing regulations, (6 NYCRR Part 505) and other relevant provisions of the Code of the Town of Brookhaven;
J. 
Consolidated permits. When more than one coastal erosion management permit may otherwise be required for the same property and/or location pursuant to the provisions of this chapter, a consolidated permit may be issued for all such activities with conditions; revocation or annulment of one or more such authorized activity(ies) therein shall not invalidate other activities authorized by the consolidated permit.
K. 
Coordination of review. When an application is made for a coastal erosion management permit, or other form of approval required by this chapter and such activity is subject to other permit hearings or approvals pursuant to any federal, state or local law or regulation, the Administrator shall, upon request of the applicant, consolidate and coordinate all required applications, permits, hearings and/or proceedings. Nothing contained herein shall be construed to limit or restrict any other governmental entity's jurisdiction.
L. 
Security. The Town Board may require such security as it shall determine appropriate and necessary to insure satisfactory completion of the proposed improvements and/or activity(ies).
A permit, as otherwise required by this chapter, shall not be required for the following activities:
A. 
In near-shore areas: The normal maintenance of structures.
B. 
In beach areas:
(1) 
The normal maintenance of structures;
(2) 
The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion;
(3) 
Beach grooming or clean-up operations.
C. 
In primary dune areas:
(1) 
The normal maintenance of structures;
(2) 
The restoration of existing structures that were damaged or destroyed by events other than coastal flooding and erosion;
(3) 
Elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner or homeowners' association for the limited purpose of providing noncommercial access to the beach;
(4) 
Vegetative planting and sand fencing intended to stabilize or entrap sand in order to maintain or increase the height and width of dunes, provided that the vegetative plantings are native species tolerant to salt spray and sand burial, such as American beach grass.
D. 
In secondary dunes areas:
(1) 
The normal maintenance of structures;
(2) 
The restoration of existing structures that were damaged or destroyed by events other than coastal flooding and erosion;
(3) 
Elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner or homeowners' association for the limited purpose of providing noncommercial access to the beach.
E. 
In bluff areas:
(1) 
The normal maintenance of structures;
(2) 
The restoration of existing structures that are damaged or destroyed by events other than coastal flooding and erosion;
(3) 
Elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner or homeowners' association for the limited purpose of providing noncommercial access to the beach.
F. 
In water and/or shore areas:
(1) 
Docks, piers, wharves, or other water-access structures built on floats, columns, open timber, piles, or similar open-work supports having a top surface area of 200 square feet or less;
(2) 
Docks, piers, wharves, or other water access structures built on floats which are removed in the Fall of each year.
G. 
Vehicular and pedestrian travel, subject to the following restrictions:
(1) 
No vehicles of any kind whatsoever may be driven on or over a bluff or primary dune, except at Town-designated vehicle crossing areas;
(2) 
Vehicle(s) shall not be driven on or over vegetation and/or vegetated areas; vehicles may be driven waterward of the debris line, or where no debris line exists, waterward of the waterward toe of the primary dune or bluff;
(3) 
Pedestrians shall not traverse or walk across a primary dune except on elevated walkways, stairways or other dune crossing structures.
A. 
Applicability. Emergency activities necessary to protect public health, safety or welfare, including the prevention of damage to natural resources, shall be exempt from the regulations set forth in this chapter so long as such emergency activities shall be undertaken in such manner as to avoid, prevent and/or minimize damage to natural protective features and other natural resources to the maximum extent practicable under the circumstances and shall comply with the requirements set forth in this section.
B. 
Written notification. Written notice of contemplated emergency measures shall be provided to the Administrator at least two days prior to the commencement of such work by the person, governmental body or entity authorized and/or required to undertake such emergency measure(s), which notice shall include the following:
(1) 
Description of the proposed action; and
(2) 
A location map and plan of the proposed action at a scale and in sufficient detail to fully disclose the nature and extent of the contemplated activity; and
(3) 
The rationale for the determination characterizing the circumstances as constituting an emergency.
C. 
Findings. Prior to issuing an emergency authorization or emergency permit, the Administrator shall determine that:
(1) 
An emergency situation exists; and
(2) 
The proposed activity will result in the least impact to life, health, property, and natural resources as reasonably practicable under the circumstances; and
(3) 
The proposed activity provides the necessary structural support to threatened building(s) and/or structure(s).
D. 
Permit issuances. The Administrator shall grant or deny the emergency authorization and/or emergency permit within 48 hours of receipt of an application.
E. 
Duration. Emergency authorization(s) and/or emergency permit(s) shall be limited to a duration of 30 days or less and may be renewed for a maximum of an additional 30 days; if project activities are not concluded within the maximum allowable sixty-day period, the project proponent shall make application for a coastal erosion management permit in order to continue and/or complete the work previously authorized.
F. 
Erroneous determination of emergency. In the event that the Administrator determines that regulated activity has been undertaken in the absence of circumstances which constitutes the existence of an emergency the Administrator may:
(1) 
Order the immediate cessation of the activity;
(2) 
Order the removal of any structure constructed or installed without authorization;
(3) 
Order the restoration of the site and/or any natural protective feature(s) that was excavated, mined or otherwise disturbed.
The Administrator shall be charged with the following duties:
A. 
Enforce the provisions of this chapter;
B. 
Provide applicants with opportunity for review and explanation of the map(s) which designate the land and water areas subject to regulation by this chapter;
C. 
Review and approve, with or without modification(s) and/or condition(s), or deny permit applications;
D. 
Provide written notice of any violation(s) to the owner(s), tenant(s) or occupant(s) of property or premises located within designated coastal erosion hazard areas;
E. 
Prepare and submit reports to the Town Board;
F. 
Perform compliance inspections;
G. 
Act as liaison with the Department of Environmental Conservation with respect to the implementation of the provisions of this chapter;
H. 
Maintain the 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 the enforcement of the provisions of this chapter;
I. 
Perform normal and customary administrative functions authorized by the provisions of this chapter or relative to the provisions of Article 34 of the Environmental Conservation Law, and the implementing regulations set forth at 6 NYCRR Part 505;
J. 
Otherwise exercise the powers and duties conferred upon him/her by this chapter.
A. 
Coastal Erosion Hazard Board of Review. The Zoning Board of Appeals is hereby designated as the Coastal Erosion Hazard Board of Review and is hereby authorized to affirm and/or modify and/or annul any order, hear and decide appeals on the Administrator's interpretation of this chapter and to affirm the requirement, decision or determination of the Administrator, by written decision, after a public hearing, which shall be filed within five days in the office of the Town Clerk, the office of the Administrator, and served by mail upon the applicant.
B. 
Appeals shall be filed with the Zoning Board of Appeals within 30 days of the date of filing in the office of the Town Clerk of the order, determination or decision of the Administrator.
C. 
Appeals shall be in writing in such form as may be prescribed by the Board of Zoning Appeals, with a copy thereof simultaneously served upon the Administrator and shall include ground(s) upon which it is based, including but not limited to the relevant provisions of this chapter and/or the disputed interpretation thereof.
D. 
In making its determination the Zoning Board of Appeals shall take into consideration whether or not:
(1) 
A reasonable, prudent, alternative site(s) is available;
(2) 
All reasonable means and mitigation measures limiting adverse impacts on natural systems and their functions and/or values are incorporated into the activity's design;
(3) 
The structure or improvement is reasonably calculated to be impervious to flood and erosion damage;
(4) 
The relief requested is the minimum necessary to render the proposed activity viable;
(5) 
The public benefit(s) clearly outweighs the long-term adverse effects, in a case where public funds are to be utilized for the proposed activity(ies).
Any person or persons, jointly or severally aggrieved by any decision/order of the Coastal Erosion Hazard Board of Review, or any officer, department, board or bureau of the Town, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules, within 30 days of the filing of such order or decision in the office of the Town Clerk.
The standards and criteria set forth in this chapter shall be deemed the minimum requirements necessary to satisfy the purposes and goals of this chapter.
The provisions of this chapter shall supersede any other local laws or ordinances to the extent that the provisions herein are more stringent. A coastal erosion management permit issued pursuant to the provisions of this chapter shall not relieve the applicant from any obligation to obtain any other permit(s) or approval(s) as may be required for the proposed activities and/or improvements.
The provisions of this chapter shall be severable. If any clause, sentence, paragraph, subdivision, section or part is adjudged invalid by a court of competent jurisdiction, and the effect of such order or judgement shall not affect or invalidate any other provisions of this chapter or its application to other persons and circumstances.
All activities regulated by this chapter shall be subject to review pursuant to the Environmental Conservation Law Article 8 (SEQRA).
A violation of this chapter and/or the conditions or restrictions established in a coastal erosion management permit 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 shall constitute a separate additional violation. Nothing herein shall prevent the Town from taking such other lawful actions or proceedings as may be necessary to restrain, correct or abate any such violation of the provision of this chapter.
In the event that the Town Board shall consider or undertake to amend the provisions of this chapter, written notice shall be provided to the Commissioner of the Department of Environmental Conservation together with a request for his/her advisement as to whether or not such amendment is consistent with the minimum standards of a certified program. Upon the Town Board's adoption of any amendment(s) to this chapter, said amendment shall be forwarded to the Commissioner of DEC for certification thereof.