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.
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.
