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 each
of the following criteria are met:
A. No reasonable, prudent, alternative site is available.
B. 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.
C. The development will be reasonably safe from flood and
erosion damage.
D. The variance requested is the minimum necessary to overcome
the practical difficulty or hardship which was the basis for the requested
variance.
E. Where public funds are utilized, the public benefits
must clearly outweigh the long-term adverse effects.
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 §
19-20 of this chapter and other applicable village ordinances. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
Each variance request must be accompanied by any required fee or fees
as established by the village legislative body under separate resolution.
Any construction activity allowed by a variance granted by the Coastal
Erosion Hazard Board of Review must be completed within one year from the
date of approval or approval with modifications or conditions. Variances expire
at the end of this one-year period without further hearing or action by the
Coastal Erosion Hazard Board of Review.
The Zoning Board of Appeals is hereby designated as the Coastal Erosion
Hazard Board of Review and has the authority to:
A. Hear, approve, approve with modification or deny requests
for variances or other forms of relief from the requirements of this chapter.
B. 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.
The Coastal Erosion Hazard Board of Review may, in conformity with the
provisions 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 will forthwith be
given to all parties in interest. The rules and procedures for filing appeals
are as follows:
A. Appeals must be filed with the Municipal Clerk within
30 days of the date of the adverse decision.
B. Appeals made to the Coastal Erosion Hazard Board of Review
must be in writing on standard forms prescribed by the Board. The Board will
transmit a copy to the Commissioner of the New York State Department of Environmental
Conservation for his information.
C. All appeals must refer to the specific provisions of
this chapter involved, specify the alleged errors, 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 Village, may apply to the Supreme Court for review
by a proceeding under Article 78 of the Civil Practice Law and Rules.