A Coastal Erosion Management Permit will be issued for regulated activities which comply with the general standards (§ 60-9), restrictions and requirements of the applicable sections of this chapter, provided that the following is adhered to:
A.
The application for a Coastal Erosion Management Permit
must be made upon the form provided by the Building Inspector and must include
the following minimum information:
B.
Each application for a Coastal Erosion Management Permit
must be accompanied by the required fee or fees as established by the Town
Board under separate resolution.
[Amended 5-8-2001 by L.L. No. 1-2001]
C.
Permits will be issued by, and bear the name and signature
of, the Building Inspector, and will 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 year from the date of issuance.
(6)
The terms and conditions of the approval.
D.
When more than one Coastal Erosion Management 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 will not invalidate the remainder.
E.
A Coastal Erosion Management Permit may be issued with
such terms and conditions as are necessary to ensure compliance with the policies
and provisions of Article 34 of the Environmental Conservation Law, the Coastal
Erosion Management Regulations implementing Article 34 (6 NYCRR Part 505)
and the laws and policies of the Town of Wilson.
F.
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 Enforcement Officer
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 the issuance, denial or modification of such permits, variances or other
forms of approval as they may have been granted by law.
The Town of Wilson 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 Town of Wilson, so as to ensure compliance with
the terms and conditions stated in the Coastal Erosion Management Permit.
The authority for administering and enforcing this chapter is hereby
conferred upon the Building Inspector. The Building Inspector has 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 this chapter.
C.
Review and take appropriate actions on completed applications.
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, inspection
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 Town of Wilson relative to the Coastal Erosion Hazard Areas
Act, Article 34 of the New York State Environmental Conservation Law, 6 NYCRR
Part 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.
The provisions, regulations, procedures and standards of this chapter
will be held to be the minimum requirements necessary to carry out the purposes
of this chapter.
The provisions of this chapter will take precedence over any other laws,
ordinances or codes in effect in the Town of Wilson to the extent that the
provisions of this chapter are more stringent than such other laws, ordinances
or codes. A Coastal Erosion Management 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.
The provisions of this chapter are severable. If any clause, sentence,
paragraph, subdivision, section or part is adjudged invalid by a court of
competent jurisdiction, the effect of such order or judgment does not affect
or invalidate any other provisions of this chapter or their application to
other persons and circumstances.
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 $250 or imprisonment for a period not to exceed six
months, or both. Each day's continued violation of this chapter will constitute
a separate additional violation. Nothing herein will prevent the proper local
authorities of the Town of Wilson from taking such other lawful actions or
proceedings as may be necessary to restrain, correct or abate any violation
of this chapter.
