A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), 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:
B.
Each application for a coastal erosion management
permit must be accompanied by the required fee or fees as established
by the Town Board under separate resolution.
C.
Permits will be issued by and 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 the date of issuance.
(5)
Period of permit validity. If not otherwise specified,
a permit will expire two years from the date of issuance.
[Amended 1-29-2013 by L.L. No. 1-2013]
(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 permits 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
said Article 34 (6 NYCRR 505) and the laws and policies of the Town.
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.
[Amended 1-21-1992 by L.L. No. 1-1992]
G.
In the event that the Board determines that an engineer's
report is necessary to assist it in its determination, then the Board
shall secure an engineer to evaluate the impact of the application
upon the rate of coastal erosion. The fee necessarily attending to
such engineer's services shall be borne by the applicant and shall
not exceed $2,500.
The Town 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 Town so as to
ensure compliance with the terms and conditions stated in the coastal
erosion management 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.
Designate the Southold Town Police Department, the
Bay Constables, and/or the Office of Code Enforcement to enforce violations
of this chapter and notice of violations against property owners or
other responsible persons.
[Amended 1-29-2013 by L.L. No. 1-2013]
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 Town 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 or reasonably implied from this chapter as are necessary to achieve
its stated purpose.
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 Town 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 right or interest in real
property.
The provisions of this chapter are severable.
If any clause, sentence, paragraph, subdivision, section or part is
adjudged invalid by a court of competent jurisdiction, the effect
of such order or judgment does not affect or invalidate any other
provisions of this chapter or their application to other persons and
circumstances.
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.
[Amended 10-11-2005 by L.L. No. 16-2005]
An offense of a provision of this chapter is
a violation punishable by a fine not exceeding $5,000 or imprisonment
for a period not to exceed 15 days, or both. Each day on which such
violation occurs will constitute a separate additional violation.
Nothing herein shall be construed to prevent local authorities of
the Town from taking such other lawful actions as may be necessary
to restrain, correct or abate any violation of this chapter.
