34-0105 - 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 ofthis 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.