Prior to the commencement of any emergency activity, the Administrator must be notified and must determine whether to grant approval pursuant to the provisions of this section. If circumstances warrant immediate action by an agency of the state or a local government (not by an individual) and prior notice to the Administrator is not possible, then the Administrator shall be notified by that agency within 24 hours after commencement of the activity and must subsequently respond. [Note: The Administrator must always be notified in advance before any activity is undertaken by a private individual or nongovernmental entity.] In either case, notification may be by certified mail, telegram, mailgram, facsimile or other form of written form of communication. The Town Board, by resolution, may adopt such other rules and procedures as may be reasonably necessary to assure that the Administrator can be notified in a timely manner.
A. This notification shall include the following information:
(1) A description of the proposed action and the manner in which it is to be undertaken.
(2) Location map and plan of the proposed action.
(3) Reasons why the situation is an emergency.
(4) Any additional information the Administrator requires to properly evaluate the proposed activity.
B. Prior to issuing an emergency authorization, the Administrator shall:
(1) Make a finding of emergency stating why immediate action is needed and the consequences if the action is not immediately taken.
(2) Determine that the building or structure is structurally unsound or in imminent peril of structural failure or harm if no remedial measures are undertaken. The Administrator may, in making such a determination, utilize the services and opinions of the Town Engineer, the Fire Marshal or the Building Department.
(3) Determine that the proposed emergency activity is the minimum reasonably necessary to stabilize or otherwise protect the building or structure.
(4) Determine that the project will be carried out in a manner that will cause the least change, modification or adverse impact to life, health, property and natural protective features or other natural resources.
(5) Coordinate with and consider the comments of the Board of Trustees or its duly authorized representative regarding all aspects of emergency relief including, without limitation, conditions, restoration and bonding.
C. The Administrator shall issue a decision granting or denying the emergency authorization within two business days of receipt of the information required in Subsection
A of this section. Such decision shall be issued by and bear the name and signature of the Administrator and, if the proposed activity is authorized, will specify the following:
(1) Activity for which the authorization is issued.
(2) Address and location where the activity is to be conducted.
(3) Name and address of the persons authorized to conduct the emergency activity.
(4) Period of validity of the authorization.
(5) Terms and conditions of the authorization.
D. An emergency authorization hereunder shall not be construed to make the building and/or structure habitable.
E. The Administrator may authorize any emergency activities specified in this Article and warranted by the circumstances with reasonable conditions, including, but not limited to:
(1) Removal of damaged structures and/or buildings or portions thereof that are or have become hazardous to human health or safety and are unsafe and/or likely to become air- or waterborne debris tending to exacerbate erosion and/or cause damage to other buildings, structures and/or natural protective features.
(2) Removal of any material or building or structure constructed or placed without a building permit, coastal erosion hazard area permit or any other required permit or variance.
(3) Restoration (including revegetation) of any natural protective feature that was, may be or is in fact disturbed by the emergency activities.
(4) The posting of a bond, undertaking or other security in a form and an amount determined by the Administrator as sufficient to ensure compliance, restoration and completion of activities provided under the permit.
F. The Administrator shall apply the following guidelines in approving geotextile tube systems:
(1) Most geotextile tube applications employ a single larger diameter tube, but a two-tiered system may be employed, with one tube placed on top of and between two lower tubes, creating a pyramid shape. (See definition of "geotextile tube system," §
138-5.) The use of smaller geotextile tubes or sandbags may also be considered, but each component must possess sufficient volume (larger than approximately one cubic yard) to provide adequate stability in extreme wave environments.
(2) Horizontal (shore parallel) coverage may not extend more than 20 feet past the primary structure which the geotextile tube system is designed to protect, and laterally (shore perpendicular) the system should be within 20 feet seaward of that structure.
(3) Adequate foundation preparation and scour protection (e.g., installation of subbase filter fabric) must be provided.
(4) Any emergency permission for a geotextile tube system must require that the residence be floodproofed and relocated to a conforming location, or as landward as possible if a fully conforming location is not available, as soon after the emergency as is practicable.
[Amended 12-11-2012 by L.L. No. 15-2012]
G. Duration of emergency authorization. An authorization for the undertaking of emergency activity pursuant to this section shall be valid for a period of time not to exceed six months. Such authorization may be renewed for one additional period not to exceed three months, provided that the person seeking to undertake the emergency activity requests such renewal in writing, the activity thus far undertaken pursuant to the Administrator's authorization is in full compliance with the terms and conditions of that authorization, and the Administrator finds that an emergency situation as described in this section still exists. All emergency activity authorized under this section shall be completed prior to the expiration of said emergency authorization or the activity shall be deemed work subject to and requiring a coastal erosion permit pursuant to the other provisions of this article.
H. Removal of geotextile tube systems. Where the Administrator authorizes installation of a geotextile tube system as an emergency activity pursuant to this section, his determination authorizing the work shall specify that the applicant will remove the geotextile tube system in its entirety, and will complete any restoration work required by the Administrator's authorization, prior to the expiration of that authorization. In the event that the geotextile tube system is not fully removed from the property in question by the expiration date of the authorization, or the required restoration work has not been completed by that date, the Town shall have the right to enter upon the property to remove the system and/or to perform the uncompleted restoration work, and shall have the right to use any security posted in connection therewith in order to undertake these tasks.
I. Exceptions to emergency power. Notwithstanding anything herein to the contrary, the provisions of this section shall not allow the Administrator to authorize the following activities:
(1) Reconstruction of nonconforming buildings or structures which are located within an erosion hazard area and which have been damaged by flooding or erosion. Such reconstruction shall be governed by the provisions of §
138-17C hereof.
[Amended 12-11-2012 by L.L. No. 15-2012]