A. 
All marine structure construction or reconstruction within the harbor, including the replacement or alteration of a marine structure, is prohibited unless the party seeking to perform the same obtains a permit for construction or reconstruction.
B. 
An application for a permit for the construction or reconstruction of a marine structure within the harbor shall be submitted to the Building Department and, once determined that it complies in material respect with the applicable submission requirements, shall be referred by the Building Department to the Harbor and Coastal Zone Management Commission for review and determination.
C. 
Exemptions. Notwithstanding the provisions of the above Subsection A, no permit for marine structure construction or reconstruction shall be required under the following circumstances:
(1) 
Alteration of any existing marine structure where the estimated cost of construction is less than $10,000. "Alteration" as used herein shall refer to activity respecting a single project, or collectively for any projects or portions thereof, over a one-year period, which relates to any marine structure under common ownership. Estimated cost shall be deemed or computed pursuant to § 126-14 of Chapter 126, Building Construction, as amended.
(2) 
Replacement of a marine structure in place and in kind, provided that the applicant can substantiate the previous structure with documents on file in the Building department. In no case shall the applicant use this exemption if the replacement cost is in excess of $20,000.
(3) 
In the event that an existing marine structure is damaged by storm or other act of God, it may be replaced in kind without a permit, provided that the existence of said structure can be substantiated by proof to the satisfaction of the Harbor and Coastal Zone Management Commission, and provided that said construction is completed within 18 months from the date of the damage and the total replacement cost is less than $30,000. Notwithstanding the aforementioned, no such dollar limit shall apply for the replacement of bulkheads.
D. 
Public hearing notification and review procedure for permit applications.
[Amended 9-12-2023 by L.L. No. 15-2023, effective 9-21-2023]
(1) 
Upon receipt of a permit application that complies in material respect with all applicable submission requirements, the Building Department shall refer the application to the Harbor and Coastal Zone Management Commission for review and determination, and circulate the application to the Village's engineering consultant, Commission counsel and staff, other Commission consultants as determined to be necessary and appropriate, the Harbor Master, the Clerk-Treasurer and the Village Manager for their review and comment. The Harbor and Coastal Zone Management Commission shall calendar a public hearing for each application in accordance with the Commission's Rules of Procedure.
(2) 
The applicant must comply with the notification requirements set forth in Chapter 372 of this Code (Land Use Application Notice Requirements).
E. 
An applicant for a marine structure permit must pay the fee specified in or determined in accordance with the provisions set forth in Appendix A347 (Fees) of this Code.
[Added 9-26-2023 by L.L. No. 16-2023, effective 10-2-2023]
The Harbor and Coastal Zone Management Commission shall conduct a hearing on each application referred to it. Such hearing, unless for good cause shown, shall be at a regularly scheduled meeting of the Harbor and Coastal Zone Management Commission, no less than 14 and no more than 62 days from the date of receipt of the complete application by the Harbor and Coastal Zone Management Commission from the Building Department.
Within 65 days of the close of the public hearing on the construction or reconstruction permit the Harbor and Coastal Zone Management Commission shall approve, approve with conditions or disapprove the application. The time within which the Commission is designated to act may be extended by mutual consent of the applicant and the Commission. Noncompliance with the time requirements herein shall not be construed as a default approval. The Harbor and Coastal Zone Management Commission shall not approve an application for a permit if the Harbor and Coastal Zone Management Commission finds that the marine structure for which the permit was applied would, if erected, be detrimental to the desirability or development of the harbor by reason of:
A. 
Method and manner of construction: unsuitable materials, methods or design which can be reasonably expected to result in a marine structure that may fail to accomplish its stated and intended purpose or will present a safety hazard to any person utilizing the harbor for commercial or recreational pursuits.
B. 
Inappropriateness of marine structure: inappropriate size, design or material which will result in a marine structure that is ill-suited or ill-adapted to its stated and intended purpose or is reasonably anticipated to conflict with the lawful use of any existing marine structure in the harbor or any land-based structure located within 500 feet of the proposed marine structure.
C. 
Conflict with the Harbor Management Plan: a determination that approval of the marine structure would be inconsistent with or result in conflict with the Harbor Management Plan or any of the activities stated in this chapter.
D. 
An actual or potential hazard to navigation. No structure shall lie within a channel, mooring area, or an anchorage area, or their buffer area nor interfere with another's free and direct access to such waters. The buffer area may be reduced by up to five feet by the Harbor and Coastal Zone Management Commission upon a recommendation by the Harbor Master that practical difficulties unique to the location exist and a lesser buffer area will not result in a substantial interference to navigation.
E. 
Significant, unmitigated, adverse aesthetic or environmental impacts.
A. 
Upon approval by the Harbor and Coastal Zone Management Commission of a permit application in whole or in part or with conditions, the Building Department shall issue a permit to construct or reconstruct a marine structure. If the Harbor and Coastal Zone Management Commission approves a permit application with conditions, the Building Department shall include the conditions of the Harbor and Coastal Zone Management Commission in the permit.
B. 
The Building Department shall not issue any permit for a permit application disapproved as provided in this chapter.
C. 
The Building Department shall forthwith issue an order to stop all work of construction or reconstruction of any marine structure if an applicant proceeds after the application has been disapproved by the Harbor and Coastal Zone Management Commission or if the applicant proceeds in a manner inconsistent with the conditions or specifications under which the Harbor and Coastal Zone Management Commission approved the application or if a marine structure is constructed or reconstructed without obtaining the necessary permits as outlined in Articles V and VI.
D. 
Any party aggrieved by a decision of the Harbor and Coastal Zone Management Commission in disapproving a permit application or approving a permit application with or without conditions may take an appeal to the Supreme Court of the State of New York, County of Westchester, pursuant to Article 78 of the Civil Practice Law and Rules, within 30 days of the filing of the decision of the Harbor and Coastal Zone Management Commission with the Village Clerk.
E. 
With respect to marine structures, this section shall supersede the provisions of the Building Code and Chapter 126, Building Construction, as amended.