Lattingtown City Zoning Code
ARTICLE XVI
Coastal Erosion Hazard Area Management
§ 315-98 Intent and purpose.
A.
The Village of Lattingtown hereby assumes the responsibility and authority to implement and administer a coastal erosion management program within its jurisdiction pursuant to Article 34 of New York State Environmental Conservation Law. In addition, it is the purpose of this article to:
(1)
Establish standards and procedures for minimizing and preventing damage to structures from coastal flooding and erosion and to protect natural protective features and other natural resources.
(2)
Regulate in coastal areas subject to coastal flooding and erosion, land use and development activities so as to minimize or prevent damage or destruction to man-made property, natural protective features, other natural resources, and to protect human life.
(3)
Regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impacts of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper sitting, as well as to prevent damage to natural protective features and other natural resources.
(4)
Restrict public investment in services, facilities, or activities which are likely to encourage new permanent development in erosion hazard areas.
(5)
Regulate the construction of erosion protection structures in coastal areas subject to serious erosion to assure that when the construction of erosion protection structures is justified, their construction and operation will minimize or prevent damage or destruction to man-made property, private and public property, natural protective features, and other natural resources.
§ 315-99 Findings.
The Village of Lattingtown finds that the coastal erosion hazard area:
A.
Is prone to erosion from action of Long Island Sound and its connecting water bodies, bays, harbors, shallows and marshes. Such erosion may be caused by the action of waves, currents running along the shore, and wind-driven water and ice. Such areas are also prone to erosion caused by the wind, runoff of rain water along the surface of the land, or groundwater seepage, as well as by human activities such as construction, navigation and certain forms of recreation.
B.
Experiences coastal erosion which causes extensive damage to publicly and privately owned property and to natural resources as well as endangering human lives. When this occurs, individuals and private businesses suffer significant economic losses, as do the Village and the state economies, either directly through property damage or indirectly through loss of economic return. Large public expenditures may also be necessitated for the removal of debris and damaged structures and replacement of essential public facilities and services.
C.
Experiences erosion-related problems that are often contributed to by man's building without considering the potential for damage to property, by undertaking activities which destroy natural protective features such as bluffs, dunes or vegetation, by building structures intended for erosion prevention which may exacerbate erosion conditions on adjacent or nearby property, and by water action produced by wakes from boats.
D.
Is the subject of programs which foster erosion protection structures, either with private or public funds, which are costly, often only partially effective over time, and may even be harmful to adjacent or nearby properties. In some sections of the Village, major erosion protection structures of great length would be required to effectively reduce future damages due to erosion.
§ 315-100 Definitions.
The following definitions of terms or words used in this article pertain to coastal erosion hazards areas only. In the case of a conflict between the definitions contained in this article and any other definition of a similar word or term contained in any other article of this chapter, the more restrictive definition shall control, unless the context clearly requires otherwise.
A minor or accessory structure attached to, placed near, or used in conjunction with a structure.
The zone of unconsolidated earth that extends landward from the mean low water line to the waterward toe of a dune or bluff whichever is most waterward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most waterward. Shorelands subject to seasonal or more frequent overwash or inundation are considered to be beaches.
Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The seaward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is 25 feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. (The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline).
The local board responsible for administering this article. The powers and duties of this board are more fully described in § 315-103C.
The final map and any amendments thereof issued by the Commissioner of the New York State Department of Environmental Conservation, which delineates boundaries of coastal erosion hazard areas subject to regulation under this article.
The lands adjacent to the Village's coastal waters is the coastline. Coastal waters are Long Island Sound and its connecting water bodies, bays, harbors, shallows, and marshes.
A linear accumulation of waterborne debris deposited on a beach by storm-induced high water or by wave action.
A ridge or hill of loose, windblown, or artificially placed earth the principal component of which is sand.
The local Village official empowered to enforce this article. The powers and duties of this official are more fully described in § 315-103C.
The loss or displacement of land along the coastline due to the action of waves, currents, wind-driven water, waterborne ice, or other impacts of storms. It also means the loss or displacement of land due to the action of wind, runoff of surface waters, or groundwaters, or groundwater seepage.
An area of the coastline which is a structural hazard area, or a natural protective feature area.
A structure specifically designed to reduce or prevent erosion such as a groin, jetty, revetment, breakwater, or artificial beach nourishment project.
A structure and appurtenance in existence or one where construction has commenced, or one where construction has not begun but for which a building permit has been issued prior to the effective date of this article.
A redistribution of sand or other unconsolidated earth to effect a change in profile.
An addition to a structure resulting in a 25% or greater increase in the ground area coverage of the structure other than an erosion protection structure, or a pier, dock, or wharf. The increase will be calculated as the ground area coverage to be added, including any additions previously constructed under a coastal erosion management permit, divided by the ground area coverage of the existing structure as defined in "existing structure."
The approximate average low water level for a given body of water at a given location, determined by reference to hydrological information concerning water levels or other appropriate tests.
A change in the design, shape, configuration, materials or use of a structure.
A structure designed and constructed to be readily relocated with minimum disruption of the intended use, examples of movable structures are gazebos, sheds, statuary or aboveground pools.
A nearshore area, beach, bluff, primary dune, secondary dune, marsh, and their vegetation.
A land and/or water area containing natural protective features, the alteration of which might reduce or destroy the protection afforded other lands against erosion or high water, or lower the reserve of sand or other natural materials available to replenish storm losses through natural processes.
Those lands under water beginning at the mean low water line and extending waterward in a direction perpendicular to the shoreline to a point where mean low water depth is 15 feet, or to a horizontal distance of 1,000 feet from the mean low water line, whichever is greater.
Periodic replacement or repair of same-kind structural elements or protective coatings which do not change the size, design or function of a functioning structure. A functioning structure is one which is fully performing as originally designed at the time that normal maintenance is scheduled to begin. Normal maintenance of a structure does not require a coastal erosion management permit.
Any individual, public or private corporation, political subdivision, government agency, public improvement district, partnership, association, firm, trust, estate, or any other legal entity whatsoever.
The most waterward major dune where there are two or more parallel dunes within a coastal area. Where there is only one dune present, it is the primary one. Occasionally one or more relatively small dune formations exist waterward of the primary dune. These smaller formations will be considered to be part of the primary dune for the purposes of this article. The waterward limit of a primary dune is the landward limit of its fronting beach. The landward limit of the primary dune is 25 feet landward of its landward toe.
The most landward line of active erosion, or in cases where there is no discernible line of active erosion, it is the most waterward line of permanent vegetation.
The rate, expressed in feet per year, at which an eroding shoreline moves landward.
The construction, modification, restoration or placement of a structure, or major addition to a structure; or any action or use of land which materially alters the condition of land, including grading, excavating, dumping, mining, dredging, filling, or other disturbance of soil.
The reconstruction without modification of a structure, the cost of which equals or exceeds 50% of the estimated full replacement cost of the structure at the time of restoration. Modifications, however, may be allowed if they do not exceed preexisting size limits and are intended to mitigate impacts to natural protective features and other natural resources.
The major dune immediately landward of the primary dune. The waterward limit of a secondary dune is the landward limit of its fronting primary dune. The landward limit of a secondary dune is 25 feet landward of its landward toe.
Those habitats which are essential to the survival of a large portion of a particular fish or wildlife population; support rare or endangered species; are found at a very low frequency within a geographic area; support fish or wildlife populations having significant commercial or recreational value; or that would be difficult or impossible to replace.
Those shorelands located landward of natural protective features and having shorelines receding at a long-term average recession rate of one foot or more per year. The inland boundary of a structural hazard area is calculated by starting at the landward limit of the fronting natural protective feature and measuring along a line perpendicular to the shoreline a horizontal distance landward which is 40 times the long-term average annual recession rate.
Any object constructed, installed or placed in, on, or under land or water, either permanently or temporarily, including, but not limited to, a principal building; shed; deck; gazebo; in-ground and aboveground pool; garage; mobile home; recreation court; road; public service distribution, transmission, or collection systems; tanks; docks; piers; wharves; groins; jetties; seawalls; bulkheads; breakwaters; revetments; artificial beach nourishment; or any addition to or alteration of the same.
The lowest surface point on a slope face of a dune or bluff.
Activities which are not regulated by this article include but are not limited to normal beach grooming or cleanup; normal and customary maintenance of structures and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agriculture operations including cultivation or harvesting, and the implementation of practices recommended in a soil and water conservation plan as defined in Section 3(12) of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure.
Plant life capable of surviving and successfully reproducing in the area or region in which it is planted, and which is compatible with the environment of the coastal erosion hazard area.
§ 315-101 Regulations.
A.
Areas. The coastal erosion hazard area is hereby established to classify land and water areas within the Incorporated Village of Lattingtown, based upon shoreline recession rates or the location of natural protective features. The boundaries of the area are established on the final map prepared by the New York State Department of Environmental Conservation under § 34-0104 of the New York State Environmental Conservation Law and entitled "Coastal Erosion Hazard Area Map of the Village of Lattingtown," first issued on December 5, 1988, including all amendments made thereto, by the Commissioner of the New York State Department of Environmental Conservation pursuant to § 34-0104 of the New York State Environmental Conservation Law.
B.
Requirements. No person may engage in any regulated activity in an erosion hazard area as depicted on the Coastal Erosion Hazard Map of the Village of Lattingtown without first obtaining a coastal erosion management permit. No coastal erosion management permit is required for unregulated activities.
C.
General standards. A coastal erosion management permit will be issued only with a finding by the Board of Administration that the proposed regulated activity:
(1)
Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location.
(2)
Is not likely to cause a measurable increase in erosion at the proposed site or at other locations.
(3)
Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures, and natural resources.
D.
Structural hazard area restrictions. The following restrictions apply to regulated activities within structural hazard areas:
(1)
A coastal erosion management permit is required for the installation of public service distribution, transmission, or collection systems for gas, electricity, water, or wastewater. Systems installed along the shoreline must be located landward of the shoreline structures.
(2)
The construction of nonmovable structures or placement of major nonmovable additions to existing structures is prohibited.
(3)
Permanent foundations may not be attached to movable structures, and any temporary foundations are to be removed at the time the structure is moved. Below-grade footings will be allowed if satisfactory provisions are made for their removal.
(4)
No movable structure may be located closer to the landward limit of a bluff than 25 feet.
(5)
No movable structure may be placed or constructed such that according to accepted engineering practice, its weight places excessive groundloading on a bluff.
(6)
Plans for landward relocation of movable structures must be included with each application for a permit. Movable structures which have been located within a structural hazard area pursuant to a coastal erosion management permit must be removed before any part of the structure is within 10 feet of the receding edge. The owner of record, as shown on the latest assessment roll, is responsible for removing that structure and its foundation, unless a removal agreement was attached to the original coastal erosion management permit.
(a)
With the attachment of a removal agreement to the coastal erosion management permit, the signator is responsible for the landward relocation of movable structures. In the event the signator fails to relocate the movable structure within the time required, it then shall be the obligation of the owner of record to remove the structure within 30 days of notice to do so by the Village. Removal agreements may only be made, with the approval of the Village at the time the permit is issued, when the owner of record and the owner of the structure are different.
(7)
Debris from structural damage which may occur as a result of sudden unanticipated bluff edge failure, dune migration, or wave or ice action must be removed within 60 days of the damaging event, by the owner of the structure. In the event the owner of the structure shall default in said removal and the owner is different that the landowner of record, then the landowner of record shall remove the debris within 30 days after the expiration of the sixty-day period described above.
(a)
In the event that the removal of movable structures or the removal of debris is not completed as described above, the Village may contract to have the work performed, after notice of intention to do so is mailed certified mail to the owner of the property at the address last shown on the Village assessment roll, the cost of the work, together with any administrative fees, such as attorneys' or engineering fees, shall be made a special assessment against the offending property and shall be collected with the tax bill next due the Village. Upon the failure of the assessment to be timely paid, such assessment shall then become a lien against the property and collectible pursuant to the Real Property Tax Law.
(8)
Any grading, excavation, or other soil disturbance conducted within a structural hazard area must not direct surface water runoff over a bluff face.
E.
Nearshore area restrictions.
(1)
Nearshore areas dissipate a substantial amount of wave energy before it is expended on beaches, bluffs, or dunes by causing waves to collapse or break. Nearshore areas also function as reservoirs of sand, gravel, and other unconsolidated material for beaches. Sandbars, which are located in nearshore areas, control the orientation of incoming waves and promote the development of ice cap formations which help protect shorelines during winter storms. The roots of aquatic vegetation in nearshore areas bind fine grained silts, clays, and organic matter to form a fairly cohesive bottom that resists erosion.
(2)
The following restrictions apply to regulated activities in nearshore areas:
(a)
Excavating, grading, mining, or dredging which diminishes the erosion protection afforded by nearshore area is prohibited, except that construction or maintenance of navigation channels, bypassing sand around natural and man-made obstructions and artificial beach nourishment, shall be permitted pursuant to a coastal erosion management permit.
(b)
Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas. Any deposition shall be done pursuant to a coastal erosion management permit.
(c)
All development, including construction, alteration, restoration, reconstruction of any structure or appurtenance, except an approved erosion protection structure, or the removal of any erosion protection structure or appurtenance, is prohibited in nearshore areas unless otherwise specifically provided for by this article.
F.
Beach area restrictions.
(1)
Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are low or narrow. Beaches also act as reservoirs of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation.
(2)
The following restrictions apply to regulated activities in beach areas:
(a)
Excavating, grading, or mining which diminishes the erosion protection afforded by beaches is prohibited.
(b)
Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas. Any deposition shall be done pursuant to a coastal erosion management permit, which permit may be issued only for expansion or stabilization of beaches.
(c)
Active bird nesting and breeding areas shall not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the Department of Environmental Conservation.
(d)
Restoration of existing structures on beaches that are damaged or destroyed by events not related to coastal flooding may only be undertaken pursuant to a coastal erosion management permit.
(e)
All development, including construction, alteration, restoration, reconstruction of any structure or appurtenance, except an approved erosion protection structure, or removal of any erosion protection structure or appurtenance, is prohibited on beaches unless otherwise specifically provided by this article.
G.
Dune area restrictions.
(1)
Dunes prevent overtopping and store sand for coastal processes. High, vegetated dunes provide a greater degree of protection than low, unvegetated ones. Dunes are of the greatest protective value during conditions of storm induced high water. Because dunes often protect some of the most biologically productive areas as well as developed coastal areas, their protective value is especially great. The key to maintaining a stable dune system is the establishment and maintenance of beachgrass or other vegetation on the dunes and assurance of a supply of nourishment sand to the dunes.
(2)
The following restrictions apply to regulated activities in dune areas:
(a)
In primary dune areas:
[1]
Excavating, grading, or mining of primary dunes is prohibited.
[2]
Clean sand of a compatible type and size is the only material which may be deposited. Any deposition shall be done pursuant to a coastal erosion management permit.
[3]
All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of, or restore a dune or dune area.
[4]
Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the Department of Environmental Conservation.
[5]
No additions to existing structures are allowed on primary dunes.
[6]
Restoration of existing structures on primary dunes that are damaged or destroyed by events not related to coastal flooding and erosion may only be undertaken pursuant to a coastal erosion management permit.
[7]
Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the waterward toe of primary dunes, and must not interfere with the exchange of sane between primary dunes and their fronting beaches. Such revetments or other erosion protection structure shall be constructed, modified or restored pursuant to a coastal erosion management permit.
(b)
In secondary dune areas:
[1]
All depositions must be of clean sand of a compatible type and size, and all grading must be performed so as to increase the size of, or restore a dune or former dune area.
[2]
Excavating, grading, or mining must not diminish the erosion protection afforded by the dune.
[3]
No additions to existing structures are allowed on secondary dunes.
[4]
Restoration of existing structures on secondary dunes that are damaged or destroyed by events not related to coastal flooding and erosion may only be undertaken pursuant to a coastal erosion management permit.
(c)
All other activities and development, including, but not limited to, construction, alterations, restoration, reconstruction of a structure or appurtenance, except an approved erosion protection structure, in dune areas are prohibited unless otherwise specifically provided for by this article.
H.
Bluff area restrictions. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features.
(1)
The following activities are prohibited on bluffs:
(a)
Excavating or mining except when in conjunction with conditions stated in a coastal erosion management permit issued for minor alterations in construction of an erosion protection structure or for provision of shoreline access.
(c)
All development, including, but not limited to, construction, alteration, reconstruction, restoration of a structure or appurtenance, except an approved erosion protection structure, unless specifically permitted by Subsection H(2) of this section.
(d)
Disturbance of active bird nesting and breeding areas unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the Department of Environmental Conservation.
(e)
Soil disturbance that directs surface water runoff over a bluff face.
(2)
Activities specifically allowed under this subsection are:
(a)
Minor alteration of a bluff performed in accordance with conditions stated in a coastal erosion management permit issued for new construction, modification or restoration of an erosion protection structure.
(b)
Bluff cuts done in accordance with conditions stated in a coastal erosion management permit issued for the provision of shoreline access, where:
[1]
Cut is made in a direction perpendicular to the shoreline.
[2]
Ramp slope does not exceed 1:6.
[3]
Side slopes does not exceed 1:3 unless terraced or otherwise structurally stabilized.
[4]
Side slopes and other disturbed nonroadway areas are stabilized with vegetation or other approved physical means.
[5]
Completed roadway are stabilized and drainage provided for.
(c)
New construction, modification or restoration of walkways or stairways done in accordance with conditions of a coastal erosion management permit.
(d)
Nonmajor additions to existing structures may only be undertaken on bluffs pursuant to a coastal erosion management permit.
(e)
The restoration of existing structures on bluffs that are damaged or destroyed by events not related to coastal flooding and erosion may only be undertaken pursuant to a coastal erosion management permit.
I.
Erosion protection structure requirements. The following requirements apply to the construction, modification, or restoration of erosion protection structures:
(1)
The construction, modification, restoration or removal of erosion protection structures must:
(a)
Not be likely to cause a measurable increase in erosion at the development site or at other locations.
(b)
Minimize, and if possible, prevent adverse effects upon natural protective features, existing erosion protection structures, and natural resources such as significant fish and wildlife habitats.
(2)
All erosion protection structures must be designed and constructed according to generally accepted engineering principles, or where sufficient data is not currently available, demonstrate a likelihood of success in controlling long-term erosion. The protective measures must have a reasonable probability of controlling erosion on the immediate site for at least 30 years.
(3)
All materials used in such structures must be durable and capable of withstanding inundation, wave impacts, weathering, and other effects of storm conditions typical to the site for the last 100 years, for a minimum of 30 years. Individual component materials may have a working life of less than 30 years only when a maintenance program included with the permit application ensures that they will be regularly maintained and replaced as necessary to attain the required 30 years of erosion protection.
(4)
A long-term maintenance program shall be included with every permit application of construction, modification, or restoration of an erosion protection structure. The maintenance program must include specifications for normal maintenance of degradable materials. To assure compliance with the proposed maintenance programs, a bond may be required.
J.
Traffic control. Motorized and nonmotorized traffic must comply with the following restrictions:
(1)
Motor vehicles must not travel on vegetation, must operate waterward of the debris line, and when no debris line exists must operate waterward of the waterward toe of the primary dune or bluff.
(2)
Motor vehicle traffic is prohibited on primary dunes, bluffs, except for officially designated crossing areas.
(3)
Pedestrian passage across primary dunes must utilize elevated walkways and stairways or other specially designed dune crossing structures.
§ 315-102 Emergency activities.
A.
Applicability. The requirements of this article do not apply to emergency activities that are necessary to protect public health, safety, or welfare, including preventing damage to natural resources. Whenever emergency activities are undertaken, damage to natural protective features and other natural resources must be prevented, if possible, or minimized.
B.
Notification to Board of Administration and enforcement officer. The Chairman of the Board of Administration and enforcement officer must be notified in writing by the person responsible for taking the emergency measure, which writing shall be hand delivered or mailed within 24 hours from the commencement of an emergency measures and shall provide a detailed description of the problem and activities undertaken. The description must outline the public health or safety or resource for which protection was sought, and describe each measure that was taken to secure the protection.
C.
Improper or insufficient notification. If the Chairman of the Board of Administration or enforcement officer is not properly notified, or determines that a regulated activity has been undertaken without a coastal erosion management permit and such activity does not meet the emergency activity criteria, then the Chairman of the Board of Administration or enforcement officer shall order the immediate cessation of the activity. In addition, the Board of Administration, after review of the matter, may require:
§ 315-103 Administration and enforcement.
A.
Coastal erosion management permits. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 315-101C), restrictions, and requirements of the applicable sections of this article, providing the following is adhered to:
(1)
The application for a coastal erosion management permit must be made upon the form provided by the Board of Administration and must include the following minimum information:
(2)
Permits will be issued by, and bear the name and signature of the Chairman or Deputy Chairman of the Board of Administration, and will specify the:
(a)
Activity or operation for which the permit is issued.
(b)
Address or location where the activity or operation is to be conducted.
(c)
Name and address of permittee.
(d)
Permit number and date of issuance.
(e)
Period of permit validity. If not otherwise specified a permit will expire one year from the date of issuance.
(f)
The terms and conditions of the approval.
(g)
That the coastal erosion management permit does not constitute a building permit, and that no work shall begin until all other necessary permits from the Building Department have been obtained.
(3)
When more than one Coastal erosion management permit is required for the same property or premises under this article, 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.
(4)
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.
(5)
When an application is made for a coastal erosion management permit, variance thereto, or other form of approval required by this article, 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 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 comprehensive hearing and review procedure. However, nothing contained in this subsection 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.
B.
Bonds. 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 ensure compliance with the terms and conditions stated in the coastal erosion management permit.
C.
Enforcement.
(1)
Board of Administration and enforcement officer. The authority for administering this article is hereby conferred upon the Planning Board of the Village of Lattingtown, which Board, acting through its Chairman, shall have the following powers and duties:
(a)
Apply the regulations, restrictions, and standards or other provisions of this article.
(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 article.
(c)
Review and take appropriate actions on completed applications.
(d)
Issue and sign all approved permits.
(e)
Prepare and submit reports other than those prepared and submitted by the enforcement officer.
(f)
Perform such compliance inspections as the Board deems necessary, in addition to any inspection performed by the enforcement officer.
(g)
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 article or request for information from the New York State Department of Environmental Conservation.
(h)
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 article.
(i)
Have, in addition, powers and duties as are established in, or reasonably implied from this article as are necessary to achieve its stated purpose.
(2)
Enforcement officer. The authority for enforcing this article is hereby conferred upon the Building Inspector or Code Enforcement Officer of the Incorporated Village of Lattingtown or their deputies, or such other persons as may be specified by the Board of Trustees, and shall have the following powers and duties:
(a)
Apply the regulations, restrictions and standards or other provisions of this article.
(b)
Explain to applicants the map which designates the land and water areas subject to regulations and advise applicants of the standards, restrictions and requirements of this article.
(c)
Transmit written notice of violations to property owners or to other responsible persons.
(d)
Prepare and submit reports.
(e)
Perform compliance inspections.
(f)
Serve as the primary liaison with the New York State Department of Environmental Conservation.
(g)
Keep official records of all permits, inspections, inspection reports, recommendations, actions of the Coastal Erosion Hazard Board of Review, and any other report or communication relative to this article or request for information from the New York State Department of Environmental Conservation.
(h)
Have, in addition, powers and duties as are established in or reasonably implied from this article as are necessary to achieve its stated purpose.
§ 315-104 Variances and appeals.
A.
Variances from standards and restrictions. Strict application of the standards and restrictions of this article may cause practical difficulty or unnecessary hardship. When this can be shown, such standards and restrictions may be varied or modified provided that the following criteria are met:
(1)
No reasonable, prudent, alternative site is available.
(2)
All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense.
(3)
The development will be reasonably safe from flood and erosion damage.
(4)
The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance.
(5)
Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects.
B.
Format and procedure. Any request for a variance must be in writing and specify the standard, restriction, or requirement to be varied and how the requested variance meets the criteria of Subsection A of this section. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant and must be done at a public hearing conducted by the Board of Review.
C.
Fees. Each variance request must be accompanied by the fee and deposits as required for a public hearing before the Board of Zoning Appeals as set forth in Chapter 145, Fees and Deposits of the Code of the Village of Lattingtown.
D.
Expiration. Any construction activity allowed by a variance granted by the Coastal Erosion Hazard Board of Review must be completed within one year from the date of approval or approval with modifications or conditions. Variances expire at the end of this one-year period without further hearing or action by the Coastal Erosion Hazard Board of Review.
E.
Coastal Erosion Hazard Board of Review. The Board of Zoning Appeals of the Incorporated Village of Lattingtown is hereby designated as the Coastal Erosion Hazard Board of Review and has the authority to:
(1)
Conduct public hearings, approve, approve with modification or deny requests for variances or other forms of relief from the requirements of this article.
(2)
Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Board of Administration or enforcement officer in the administration or enforcement of this article, including any order requiring an alleged violator to stop, cease and desist.
F.
Appeal. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination of the Board of Administration or enforcement officer, including stop or cease and desist orders. Notice of such decision will forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows:
(1)
Appeals must be filed with the Village Clerk within 30 days of the date of the adverse decision.
(2)
All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on the standard form prescribed by the Board. The Board will transmit a copy of the appeal to the Commissioner of the New York State Department of Environmental Conservation for his information.
(3)
All appeals must refer to the specific provisions of this article involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims.
G.
Appeal to the Court. Any person or persons, jointly or severally aggrieved by a decision by the Coastal Erosion Hazard Board of Review or any officer, department, board or bureau of the Village may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
§ 315-105 Interpretation.
The provisions, regulations, procedures, and standards of this article will be held to be the minimum requirements necessary to carry out the purposes of this article.
§ 315-106 Conflicts.
The provisions of this article will take precedence over any other laws, ordinances, or codes in effect in the Village to the extent that the provisions of this article are more stringent than such other laws, ordinances, or codes. A coastal erosion management permit issued pursuant to this article does not relieve the permit application from the responsibility of obtaining other permits or approvals as may be necessary nor does it convey any rights or interest in real property.
§ 315-107 Severability.
The provisions of this article 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 article or their application to other persons and circumstances.
§ 315-108 Environmental review.
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 shall be required to submit information necessary for compliance with SEQR in addition to information required under this article.
§ 315-109 Penalties for offenses.
A violation of this article is punishable by fines or imprisonment as set forth in Article XI, except that each day's continued violation of this Article XVI 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 article.
§ 315-110 Amendments.
A.
Procedure.
(1)
The Village legislative body may, on its motion, or on recommendation from the Planning Board, amend, supplement or repeal the provisions, regulations, procedures or standards of this article.
(2)
When an amendment is duly proposed, the Village legislative body must:
(a)
Notify the Commissioner of the New York State Department of Environmental Conservation in writing of all proposed amendments and request his advice as to whether such amendment is subject to his approval, and if so, whether such amendment conforms to the minimum standards of a certified program.
(b)
Issue public notice and conduct a hearing on all proposed amendments. The Village legislative body, by resolution, must cause notice of such hearing's time, date, and place to be published in the official newspaper not less than five days prior to the date of the hearing.
(c)
Refer to the proposed amendment at least 30 days prior to the public hearing, in writing to:
[1]
The Planning Board, Board of Zoning Appeals and enforcement officer, unless initiated thereby, for review of the amendment and a report to the Village legislative body of recommendations thereon, including a full statement of reasons for such recommendations.
[2]
The County Planning Board for its review and recommendations pursuant to Article 12-B, § 239, of the New York State General Municipal Law.
B.
Commissioner approval. After enactment the amendment must be sent to the Commissioner of Environmental Conservation for certification.
C.
Recording. After an amendment to this article has been initially reviewed and found to be in conformance by the Commissioner of the New York State Department of Environmental Conservation; completed the public hearing process and intergovernmental review; been finally approved and adopted by the Village legislative body; and been certified by the Commissioner; the Clerk will as prescribed by § 27 of the Municipal Home Rule Law:
(1)
Record the amended Article in the Village Clerk's Minute Book and in the Recorded Book of Local Laws.