A coastal erosion management permit will be issued for regulated activities that comply with the general standards (§ 42-8), 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 survey drawn to a scale no smaller than one to 24,000, showing the location of the proposed activity, and depicting the existing natural vegetation and the proposed areas to be disturbed and a native revegetation and restoration plan as provided in this chapter. No application for a permit shall be accepted unless it complies with this section.
(3) 
Any additional information the Administrator may require to properly evaluate the proposed activity.
B. 
The applicant for a permit shall have the proposed building envelope, or the proposed location of a structure that is not a building, and the perimeter of all areas to be disturbed staked on site by a licensed surveyor in accordance with the survey.
C. 
The Administrator shall review all proposed development in the hazard area, in addition to review by the Building Inspector, to determine whether or not the proposed development activities and areas to be disturbed are in compliance with this chapter. The Administrator may request the Planning Board[1] to make an inspection to assist in its determination. Should there be a violation, a stop-work order shall be issued. It shall be the burden of the applicant to prove that the site disturbance complies with the provisions of this section by submission of an as-built survey. Should there be no violation, the stop-work order shall be lifted. Should said as-built survey depict a violation of these provisions, a revegetation and restoration plan, as provided in this chapter, shall be submitted to the Chief Environmental Analyst for review. The stop-work order may only be lifted once the Chief Environmental Analyst is satisfied that the disturbed areas have been properly revegetated and restored with native vegetation, consistent with the policies of the Village as set forth in this chapter.
[1]
Editor's Note: The Planning Board was abolished 12-20-2011 by L.L. No. 14-2011. See § 245-71.
D. 
Each application for a coastal erosion management permit must be accompanied by the required fee or fees as established by the Village Board of Trustees under separate resolution.
E. 
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 date of issuance.
(5) 
Period of permit validity. If not otherwise specified, a permit will expire one year from the date of issuance.
(6) 
The terms and conditions of the approval.
F. 
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.
G. 
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 Part 505), and the laws and policies of the Village.
H. 
No permit shall be issued for new construction and site disturbance unless the standards and criteria of this chapter are met.
I. 
Permits for projects that have received all necessary approvals prior to the effective date of this chapter are excluded from further review.
J. 
Walkways, catwalks and accessways that have received a Trustee permit do not require a separate coastal erosion management permit. The Administrator shall refer all applications for other activities occurring on, or potentially affecting, the area between mean high water and the crest of the primary dune to the Trustees for review in relation to applicable Trustees rules and regulations and shall consider any recommendations of the Trustees in making a final determination on an application.
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 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 requests 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 Part 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.
L. 
Any provision in Village Code Chapter 245 to the contrary notwithstanding, where the Administrator authorizes a permit under this chapter for a principal structure with a setback measured from the northerly property line of a parcel on the Atlantic Ocean less than required under Chapter 245, then said setback may be reduced by the Administrator but in no event to less than 30 feet.
A. 
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.
B. 
The provisions of this chapter will take precedence over any other laws, ordinances or codes in effect in the Village. 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 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 exceeding $1,000 or imprisonment for a period not to exceed one year, 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.
This chapter may be amended only in accordance with the Environmental Conservation Law and other applicable statutes.
Should any part or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.
This chapter shall take effect immediately upon filing with the Secretary of State as provided by law.
Chapter 42 of the Village Code as enacted by Local Law No. 1 of 2011 is hereby repealed and replaced by the text of this chapter.