2006 New York Code - Local Regulation Of Coastal Erosion Hazard Areas.

 
  § 34-0105. Local regulation of coastal erosion hazard areas.
    1. Within six months after the date on which a final identification of
  an  erosion  hazard  area  is  filed  with  the clerk of a city, town or
  village pursuant  to  subdivision  three  of  section  34-0104  of  this
  article,  such city, town or village shall submit to the commissioner an
  erosion hazard area ordinance or local law applicable to that portion of
  such area located within its jurisdiction. Then the  commissioner  shall
  review  and  certify  such  regulations  as  being  consistent  with the
  purposes of this  article  and  in  accordance  with  minimum  standards
  promulgated  under  section 34-0108 of this article. All such ordinances
  or local laws shall include a map or other identification of the erosion
  hazard area subject to regulation, and zoning  regulations,  subdivision
  regulations, site plan approval regulations or any other applications of
  the police power, as such regulations may be authorized by the municipal
  home  rule  law  or other state enabling legislation, for the reasonable
  and prudent use of erosion  hazard  areas  in  accordance  with  minimum
  standards promulgated by the commissioner pursuant to section 34-0108 of
  this article. Nothing in this article shall be construed to increase the
  powers  of  any  city, town or village; provided, however, that to carry
  out the purpose of this article, any regulations adopted  in  compliance
  with  the  provisions of this subdivision may be made applicable to only
  that portion of such city, town or village which is located  within  the
  erosion  hazard  area. The commissioner shall provide whatever technical
  assistance he may deem necessary for  preparation  of  an  ordinance  or
  local law pursuant to this section.
    2. Such erosion hazard area ordinance or local law shall be subject to
  public notification and review and, be submitted to the commissioner for
  approval  as  to  its consistency with the minimum standards promulgated
  pursuant to section 34-0108 of this article; the commissioner shall  act
  to  approve  or  disapprove  such  ordinance  or local law within thirty
  working days  of  its  receipt.  If  the  commissioner  disapproves  the
  ordinance  or  local  law,  he shall notify the city, town or village in
  writing of the reasons for such disapproval, or  modification  necessary
  for  approval.  The  commissioner  shall  issue  findings as part of his
  decision.
    3. In the case of the commissioners disapproval  of  a  local  law  or
  ordinance  under  subdivision  two of this section, the commissioner, at
  his discretion, may extend the six month period for the adoption  of  an
  erosion  hazard area local law or ordinance for a reasonable time period
  not to exceed an additional six months, during  which  time,  the  local
  government  may  adopt  and  re-submit  a  new  or modified local law or
  ordinance to the commissioner for approval as  provided  in  subdivision
  two of this section. During such extension period, provisions of section
  34-0106 of this article shall not apply.
    4.  Prior  to  the  adoption  of  any amendment to an approved erosion
  hazard area ordinance or local law, the local  government  shall  notify
  the  commissioner,  who  shall within fifteen days after receipt of such
  notification advise the local government whether such amendment conforms
  to the minimum standards promulgated pursuant to section 34-0108 of this
  article. Any amendment to such ordinance or local law  that  relates  to
  such  minimum standards shall be subject to approval by the commissioner
  as provided in subdivision two of this section.
    5. The commissioner shall revoke his approval  of  an  erosion  hazard
  area  ordinance  or local law if he determines, after notice and hearing
  relative thereto, that the affected city, town or village has failed  to
  administer  or  enforce  such ordinance or local law to adequately carry
  out the purposes and policies of this article.  In  the  event  of  such
  revocation,  the  provisions  of subdivision seven of section 34-0106 of
  this article or the provisions of subdivision three of  section  34-0107
  of this article shall apply.
    6. Where an application is made for any permit, variance or other form
  of  approval  required pursuant to any local law or ordinance enacted or
  adopted and approved by the commissioner pursuant to this  section,  for
  any activity or development within a designated erosion hazard area, the
  city,  town or village to which such application is made shall ascertain
  what,  if  any,  other  permit,  variance  or  hearing   procedures   or
  applications  are  required  with  regard  to  such  activity  or by any
  governing body of the state or any of its subdivisions pursuant  to  any
  federal, state or local law or ordinance. Such city, town or village, at
  the  request  of  the  applicant,  shall consolidate and coordinate said
  application, permit, variance and hearing  procedures,  as  required  by
  each  such governing authority, into a single, comprehensive hearing and
  review procedure with regard to such activity or  development.  However,
  nothing  contained  in this section shall be deemed to limit or restrict
  the state, its subdivisions or any other  governing  authorities,  which
  are  properly  a  party to such 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.