A.
Applicability. The requirements of this chapter do not
apply to emergency activities that are necessary to protect public health,
safety or welfare, including preventing damage to natural resources. Whenever
emergency activities are undertaken, damage to natural protective features
and other natural resources must be prevented, if possible, or minimized.
B.
Notification to Administrator. The Administrator must
be notified by the person responsible for taking the emergency measures within
two working days from the commencement of an emergency measure and a description
of the problem and activities provided. The description must be in written
form, outline the public health or safety or resource for which protection
was sought and relate the measures which were taken to secure the protection.
C.
Improper or insufficient notification. If the Administrator
determines that a regulated activity has been undertaken without a coastal
erosion management permit and does not meet the emergency activity criteria,
then the Administrator will order the immediate cessation of the activity.
In addition, the Administrator may require:
A.
Variances from standards and restrictions. 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 the following criteria are met:
(1)
No reasonable, prudent, alternative site is available.
(2)
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.
(3)
The development will be reasonably safe from flood and
erosion damage.
(4)
The variance requested is the minimum necessary to overcome
the practical difficulty or hardship which was the basis for the requested
variance.
(5)
Where public funds are utilized, the public benefits
must clearly outweigh the long-term adverse effects.
B.
Format and procedure. 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 Subsection A of this section. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant
C.
Fees. Each variance request must be accompanied by the
required fee or fees as established by the Board of Trustees under separate
resolution.
D.
Expiration. 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 Board of Trustees 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.
A.
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.
(1)
Appeals must be filed with the Municipal Clerk within
30 days of the date of the adverse decision.
(2)
All 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.
(3)
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.
B.
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.
