[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Editor's Note: This local law repealed former Ch. 76, Coastal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:
The Director of the Division of Environmental Protection.
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.
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.
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]
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.
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.
A written approval for the undertaking of any regulated activity
within coastal erosion hazard areas as mapped by the Commissioner.
Plant life capable of surviving and successfully reproducing and
which is compatible with the natural environment of the designated coastal
erosion hazard area(s).
Include Long Island Sound and the Atlantic Ocean.
Lands adjacent to the Town's coastal waters.
The Commissioner of the Department of Environmental Conservation.
A linear accumulation of water-borne debris deposited on a beach
by high water or by wave action.
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.
A natural or an accidental human-made event which presents an immediate
threat to life, health, safety, property, or the environment.
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.
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.
An area of the coastline that is a natural protective feature area.
A structure specifically designed to reduce or prevent erosion such
as a groin, jetty, 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 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.
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.
A functioning structure is one, which is fully performing as originally
designed.
A redistribution of sand or other unconsolidated earth to effect
a change in profile.
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.”
Any addition other than a major addition.
A change in the size, design or function of a structure or erosion
protection structure.
A near-shore 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 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.
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.
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.
The area of shoreline directly fronting Long Island Sound, excluding
its bays and harbors.
Any individual, public or private corporation, political subdivision,
government agency, public improvement district, partnership, association,
firm, trust, estate or any legal entity whatsoever.
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.
The most landward line of active erosion.
The average rate, expressed in feet per year, at which an eroding
shoreline moves landward.
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.
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.
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.
Habitats which:
Are essential to the survival of a substantial portion of a particular
fish or wildlife population;
Support rare or endangered species;
Are found at a very low frequency within a geographic area;
Support fish or wildlife populations having important commercial or
recreational value(s); or
That would be difficult or impossible to replace.
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.
The lowest point on a dune or bluff slope.
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:
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:
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.
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:
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.
