§ 34-0105 — Local regulation of coastal erosion hazard areas

New York § 34-0105

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Art. 34: Coastal Erosion Hazard Areas

Text

§ 34-0105. Local regulation of coastal erosion hazard areas.\n 1. Within six months after the date on which a final identification of\nan erosion hazard area is filed with the clerk of a city, town or\nvillage pursuant to subdivision three of section 34-0104 of this\narticle, such city, town or village shall submit to the commissioner an\nerosion hazard area ordinance or local law applicable to that portion of\nsuch area located within its jurisdiction. Then the commissioner shall\nreview and certify such regulations as being consistent with the\npurposes of this article and in accordance with minimum standards\npromulgated under section 34-0108 of this article. All such ordinances\nor local laws shall include a map or other identification of the erosion\nhazard area subject to regulation, and zoning regulations, subdivision\nregulations, site plan approval regulations or any other applications of\nthe police power, as such regulations may be authorized by the municipal\nhome rule law or other state enabling legislation, for the reasonable\nand prudent use of erosion hazard areas in accordance with minimum\nstandards promulgated by the commissioner pursuant to section 34-0108 of\nthis article. Nothing in this article shall be construed to increase the\npowers of any city, town or village; provided, however, that to carry\nout the purpose of this article, any regulations adopted in compliance\nwith the provisions of this subdivision may be made applicable to only\nthat portion of such city, town or village which is located within the\nerosion hazard area. The commissioner shall provide whatever technical\nassistance he may deem necessary for preparation of an ordinance or\nlocal law pursuant to this section.\n 2. Such erosion hazard area ordinance or local law shall be subject to\npublic notification and review and, be submitted to the commissioner for\napproval as to its consistency with the minimum standards promulgated\npursuant to section 34-0108 of this article; the commissioner shall act\nto approve or disapprove such ordinance or local law within thirty\nworking days of its receipt. If the commissioner disapproves the\nordinance or local law, he shall notify the city, town or village in\nwriting of the reasons for such disapproval, or modification necessary\nfor approval. The commissioner shall issue findings as part of his\ndecision.\n 3. In the case of the commissioners disapproval of a local law or\nordinance under subdivision two of this section, the commissioner, at\nhis discretion, may extend the six month period for the adoption of an\nerosion hazard area local law or ordinance for a reasonable time period\nnot to exceed an additional six months, during which time, the local\ngovernment may adopt and re-submit a new or modified local law or\nordinance to the commissioner for approval as provided in subdivision\ntwo of this section. During such extension period, provisions of section\n34-0106 of this article shall not apply.\n 4. Prior to the adoption of any amendment to an approved erosion\nhazard area ordinance or local law, the local government shall notify\nthe commissioner, who shall within fifteen days after receipt of such\nnotification advise the local government whether such amendment conforms\nto the minimum standards promulgated pursuant to section 34-0108 of this\narticle. Any amendment to such ordinance or local law that relates to\nsuch minimum standards shall be subject to approval by the commissioner\nas provided in subdivision two of this section.\n 5. The commissioner shall revoke his approval of an erosion hazard\narea ordinance or local law if he determines, after notice and hearing\nrelative thereto, that the affected city, town or village has failed to\nadminister or enforce such ordinance or local law to adequately carry\nout the purposes and policies of this article. In the event of such\nrevocation, the provisions of subdivision seven of section 34-0106 of\nthis article or the provisions of subdivision three of section 34-0107\nof this article shall apply.\n 6. Where an application is made for any permit, variance or other form\nof approval required pursuant to any local law or ordinance enacted or\nadopted and approved by the commissioner pursuant to this section, for\nany activity or development within a designated erosion hazard area, the\ncity, town or village to which such application is made shall ascertain\nwhat, if any, other permit, variance or hearing procedures or\napplications are required with regard to such activity or by any\ngoverning body of the state or any of its subdivisions pursuant to any\nfederal, state or local law or ordinance. Such city, town or village, at\nthe request of the applicant, shall consolidate and coordinate said\napplication, permit, variance and hearing procedures, as required by\neach such governing authority, into a single, comprehensive hearing and\nreview procedure with regard to such activity or development. However,\nnothing contained in this section shall be deemed to limit or restrict\nthe state, its subdivisions or any other governing authorities, which\nare properly a party to such consolidated review proceeding, from the\nindependent exercise of such discretionary authority with respect to the\nissuance, denial or modification of such permits, variances or other\nforms of approval as they may have been granted by law.\n