A coastal erosion management permit will be issued for regulated activities which comply with § 111-9, General requirements for permit, the restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to:
A.
The application for a coastal erosion management permit must be made
upon the form provided by the Administrator and must include the following
minimum information:
(1)
A description of the proposed activity.
(2)
A map drawn to a scale no smaller than one to 20 showing the location
of the proposed activity.
(3)
Any additional information the Administrator may require to properly
evaluate the proposed activity.
(4)
As a condition of processing the application, the Administrator 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.
(a)
All such costs shall be paid by certified check and are in addition
to any required fee.
(b)
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.
(c)
Upon request, the applicant shall be provided copies of invoices
submitted to the Village for the work of the outside consultants and
studies.
(d)
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.
(e)
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 In the event an application is withdrawn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 state by the applicant, any unused portion of the sums on the
deposit shall be returned to the applicant.
B.
Each application for a coastal erosion management permit must be
accompanied by the required fee or fees as established by the Village
legislative body under separate resolution.
C.
Permits will be issued by and will bear the name and signature of
the Administrator 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 the 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)
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 permit 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 505) and the laws and policies of the Village.
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 Village 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 Village, so as to insure compliance with
the terms and conditions stated in the erosion area permit.
The authority for administering and enforcing this chapter is
hereby conferred upon the Administrator. The Administrator 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
request for information from the New York State Department of Environmental
Conservation.
J.
Perform normal and customary administrative functions required by
the Village, relative to the Coastal Erosion Hazard Areas Act, Article
34 of the New York State Environmental Conservation Law, 6 NYCRR 505
and this chapter.
K.
Have, in addition, powers and duties as are established in this chapter
and such additional powers and duties authorized by the Board of Trustees.
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 Village 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.
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 less than $1,000 or imprisonment for a period
not to exceed 15 days, 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 Village from
taking such other lawful actions or proceedings as may be necessary
to restrain, correct or abate any violation of this chapter.
