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:
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 § 111-20 of this chapter. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant. The Coastal Erosion Hazard Board of Review shall not decide upon any variance without first holding a public hearing, following the procedures set forth in § 250-50C of the Code.
A. 
Each variance request must be accompanied by the required fee or fees as established by the Village legislative body under separate resolution.
B. 
Upon consideration of the appeal, the Coastal Erosion Hazard Board of Review may at any time require the applicant to pay for the reasonable costs of such independent studies and/or outside consultants as may be reasonably related to the matter under review.
(1) 
All such costs shall be paid by certified check and are in addition to any required fee.
(2) 
Within 30 days of the date on the written request for payment, the applicant shall submit to the Building Department for deposit into a non-interest-bearing trust and agency account maintained by the Village an amount determined by the Administrator to be utilized by the Village to pay for the services during the review process.
(3) 
Upon request, the applicant shall be provided copies of invoices submitted to the Village for the work of the outside consultants and studies.
(4) 
In the event the sum initially deposited by the applicant is not sufficient and additional funds are necessary, the applicant shall pay such additional sums within 20 days of the date on the written request for payment.
(5) 
After all reasonable charges have been paid to the vendor(s) by the Village, any balance remaining on deposit in the account shall be returned to the applicant. In the event an application is withdrawn at any time during the application process by the applicant, any unused portion of the sums on the deposit shall be returned to the applicant.
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 Port Jefferson 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 that 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 60 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 chapter involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims.
D. 
The Coastal Erosion Hazard Board of Review shall not decide upon any variance without first holding a public hearing, following the procedures set forth in § 250-50C of the Code.
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.