A.
The requirements of this section shall apply to emergency
activities that are immediately necessary to protect the public health,
safety or welfare, including preventing damage to natural resources
or to protect publicly owned or privately owned buildings and structures
from major structural damage. Whenever emergency activities are undertaken,
damage to natural protective features and other natural resources
must be prevented, if possible, or minimized. For the purposes of
this section, emergency activities are those proposed actions designed
to protect buildings and structures from major structural damage,
if those buildings are in imminent peril of incurring such damage
because of flooding or erosion, or designed to prevent a structural
failure of all or part of a building or structure which has already
incurred major structural damage because of flooding or erosion, without
which such buildings and structures may suffer such further failure
as may cause such failed buildings and/or structures (or portions
thereof) to exacerbate erosion, increase scouring, battering and/or
scraping action and/or damage to other buildings, structures and natural
or man-made protective features by water- or windborne remnants and
debris from such failed buildings and/or structures.
B.
Emergency activities shall be limited to the following
actions:
(1)
Moving a building or other structure to a location
which is landward of its existing location;
(2)
Making temporary alterations to the building or structure
to prevent or ameliorate a structural failure of all or part of the
building or structure;
(3)
Depositing sand fill seaward of the building or structure;
or
(4)
Installing a geotextile tube system, with provision
for its eventual removal as required by this chapter, to allow long-term
measures, such as relocation and floodproofing, to be implemented.
Prior to the commencement of any emergency activity,
the Administrator must be notified and must determine whether to grant
approval pursuant to the provisions of this section. If circumstances
warrant immediate action by an agency of the state or a local government
(not by an individual) and prior notice to the Administrator is not
possible, then the Administrator shall be notified by that agency
within 24 hours after commencement of the activity and must subsequently
respond. [Note: The Administrator must always be notified in advance
before any activity is undertaken by a private individual or nongovernmental
entity.] In either case, notification may be by certified mail, telegram,
mailgram, facsimile or other form of written form of communication.
The Town Board, by resolution, may adopt such other rules and procedures
as may be reasonably necessary to assure that the Administrator can
be notified in a timely manner.
A.
This notification shall include the following information:
B.
Prior to issuing an emergency authorization, the Administrator
shall:
(1)
Make a finding of emergency stating why immediate
action is needed and the consequences if the action is not immediately
taken.
(2)
Determine that the building or structure is structurally
unsound or in imminent peril of structural failure or harm if no remedial
measures are undertaken. The Administrator may, in making such a determination,
utilize the services and opinions of the Town Engineer, the Fire Marshal
or the Building Department.
(3)
Determine that the proposed emergency activity is
the minimum reasonably necessary to stabilize or otherwise protect
the building or structure.
(4)
Determine that the project will be carried out in
a manner that will cause the least change, modification or adverse
impact to life, health, property and natural protective features or
other natural resources.
(5)
Coordinate with and consider the comments of the Board
of Trustees or its duly authorized representative regarding all aspects
of emergency relief including, without limitation, conditions, restoration
and bonding.
C.
The Administrator shall issue a decision granting or denying the emergency authorization within two business days of receipt of the information required in Subsection A of this section. Such decision shall be issued by and bear the name and signature of the Administrator and, if the proposed activity is authorized, will specify the following:
D.
An emergency authorization hereunder shall not be
construed to make the building and/or structure habitable.
E.
The Administrator may authorize any emergency activities
specified in this Article and warranted by the circumstances with
reasonable conditions, including, but not limited to:
(1)
Removal of damaged structures and/or buildings or
portions thereof that are or have become hazardous to human health
or safety and are unsafe and/or likely to become air- or waterborne
debris tending to exacerbate erosion and/or cause damage to other
buildings, structures and/or natural protective features.
(2)
Removal of any material or building or structure constructed
or placed without a building permit, coastal erosion hazard area permit
or any other required permit or variance.
(3)
Restoration (including revegetation) of any natural
protective feature that was, may be or is in fact disturbed by the
emergency activities.
(4)
The posting of a bond, undertaking or other security
in a form and an amount determined by the Administrator as sufficient
to ensure compliance, restoration and completion of activities provided
under the permit.
F.
The Administrator shall apply the following guidelines
in approving geotextile tube systems:
(1)
Most geotextile tube applications employ a single larger diameter tube, but a two-tiered system may be employed, with one tube placed on top of and between two lower tubes, creating a pyramid shape. (See definition of "geotextile tube system," § 138-5.) The use of smaller geotextile tubes or sandbags may also be considered, but each component must possess sufficient volume (larger than approximately one cubic yard) to provide adequate stability in extreme wave environments.
(2)
Horizontal (shore parallel) coverage may not extend
more than 20 feet past the primary structure which the geotextile
tube system is designed to protect, and laterally (shore perpendicular)
the system should be within 20 feet seaward of that structure.
(3)
Adequate foundation preparation and scour protection
(e.g., installation of subbase filter fabric) must be provided.
(4)
Any emergency permission for a geotextile tube system
must require that the residence be floodproofed and relocated to a
conforming location, or as landward as possible if a fully conforming
location is not available, as soon after the emergency as is practicable.
[Amended 12-11-2012 by L.L. No. 15-2012]
G.
Duration of emergency authorization. An authorization
for the undertaking of emergency activity pursuant to this section
shall be valid for a period of time not to exceed six months. Such
authorization may be renewed for one additional period not to exceed
three months, provided that the person seeking to undertake the emergency
activity requests such renewal in writing, the activity thus far undertaken
pursuant to the Administrator's authorization is in full compliance
with the terms and conditions of that authorization, and the Administrator
finds that an emergency situation as described in this section still
exists. All emergency activity authorized under this section shall
be completed prior to the expiration of said emergency authorization
or the activity shall be deemed work subject to and requiring a coastal
erosion permit pursuant to the other provisions of this article.
H.
Removal of geotextile tube systems. Where the Administrator
authorizes installation of a geotextile tube system as an emergency
activity pursuant to this section, his determination authorizing the
work shall specify that the applicant will remove the geotextile tube
system in its entirety, and will complete any restoration work required
by the Administrator's authorization, prior to the expiration of that
authorization. In the event that the geotextile tube system is not
fully removed from the property in question by the expiration date
of the authorization, or the required restoration work has not been
completed by that date, the Town shall have the right to enter upon
the property to remove the system and/or to perform the uncompleted
restoration work, and shall have the right to use any security posted
in connection therewith in order to undertake these tasks.
I.
Exceptions to emergency power. Notwithstanding anything
herein to the contrary, the provisions of this section shall not allow
the Administrator to authorize the following activities:
Any emergency authorization issued hereunder
is subject to termination, suspension, revocation and/or modification
by the Administrator upon his determination that the proposed activity
does not or no longer constitutes an emergency activity; violates
the terms and/or conditions of the emergency authorization; or is
undertaken in a manner that does not minimize or prevent damage to
natural resources and natural protective features; that material changes
in conditions at the site have occurred that alter the basis upon
which the emergency authorization was originally issued or that the
applicant has failed to obtain any other approval or permit from other
agencies prior to commencement of the emergency activity. In such
an event, the Administrator shall issue an order notifying the authorized
person to cease the action. In addition, the Administrator may require:
