Strict application of the standards and restrictions of this
local law 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:
(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, of requirement to be varied and how the requested variance meets the criteria of §
169-15 of this local law. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
[Amended 11-17-2022 by L.L. No. 32-2022]
Each variance request must be accompanied by the required fee
of one thousand two hundred fifty ($1,250) dollars.
Any construction activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one
(1) year from the date of approval or approval with modifications
or conditions. Variances expire at the end of this one (1) year period
without further hearing or action by the Coastal Erosion Hazard Board
of Review.
The Town Board, 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 local law.
(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 local law, 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 local law, 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 Town Clerk within thirty (30) days
of the date of the adverse decision.
(B) 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.
(C) All appeals must refer to the specific provisions of this local law
involved, specify the alleged errors, the interpretation thereof that
is claimed to be correct and the relief which the appellant claims.