[Adopted 8-23-2016 by L.L. No. 8-2016[1]]
[1]
Editor's Note: This local law passed at mandatory referendum
on 11-8-2016.
A.
The purpose of this article shall be to implement the authority delegated
by the state to the Town of Southold pursuant to Chapter 551 of the
Laws of 2015.
B.
Specifically, this article shall permit the Town to use up to 20%
of the Community Preservation Fund's annual revenues to undertake
water quality improvement projects, as defined herein, in order to
preserve community character by improving water quality. The Town
shall use the prior calendar's year revenue to determine the maximum
amount available for water quality improvement project allocations
pursuant to the state-mandated limit of up to 20%.
C.
Projects eligible for funding shall include:
(1)
Wastewater treatment improvement projects;
(2)
Non-point source abatement and control program projects developed
pursuant to Section 11-b of the Soil and Water Conservation Districts
Law, Section 1455b of the Federal Coastal Zone Management Act, or
Article 42 of the Executive Law;
(3)
Aquatic habitat restoration projects;
(4)
Pollution prevention projects; and
(5)
The operation of the Peconic Bay National Estuary Program, as designated
by the United States Environmental Protection Agency.
D.
Eligible projects shall also include those undertaken by the Town
through a watershed protection improvement district, created pursuant
to Article 12 or 12-A of Town Law.
Pursuant to Chapter 551 of the Laws of 2015, the Town Board is hereby authorized to utilize revenues from the Community Preservation Fund to implement water quality improvement projects in accordance with a plan to preserve community character, pursuant to Article III of this chapter. A maximum of 20% of the Fund's annual revenues may be utilized for the implementation of water quality improvement projects, provided that where such water quality improvement funds are utilized for the operation of the Peconic Bay National Estuary Program, the use of such funds shall only be utilized to match federal, state, county, or other public or private funds on a dollar-for-dollar basis, not to exceed 10% of the annual amount appropriated for water quality improvement projects.
As used in this article, the following words and terms shall
have the following meanings:
Planning, design, construction, management, maintenance,
monitoring, reconstruction, revitalization, or rejuvenation activities
intended to improve waters of the state of ecological significance
or any part thereof, including, but not limited to, ponds, bogs, wetlands,
bays, sounds, streams, rivers, or lakes and shorelines thereof, to
support a spawning, nursery, wintering, migratory, nesting, breeding,
feeding, or foraging environment for fish and wildlife and other biota.
Planning, design, construction, improvement, maintenance
or acquisition of facilities, production processes, equipment or buildings
owned or operated by municipalities for the reduction, avoidance,
or elimination of the use of toxic or hazardous substances, or the
generation of such substances or pollutants so as to reduce risks
to public health or the environment, including changes in production
processes or raw materials. Such projects shall not include incineration,
transfer from one medium of release or discharge to another medium,
off-site or out-of-production recycling, end-of-pipe treatment, or
pollution control.
A water quality improvement plan adopted pursuant to state
or federal law, which has as its purpose the improvement of water
quality in all or part of the Peconic Bay region, including, but not
limited to:
The comprehensive conservation and management plan (CCMP) for
the Peconic Estuary Program pursuant to the National Estuary Program
(P.L. 100-4) under the Clean Water Act (P.L. 92- 500);
The Comprehensive Conservation and Management Plan (CCMP) for
the Long Island Sound Estuary Program, pursuant to the National Estuary
Program (P.L. 100-4) under the Clean Water Act (P.L. 92-500);
The South Shore Estuary Reserve Comprehensive Management Plan,
pursuant to § 46 of the Executive Law; and
The Long Island Nitrogen Management and Mitigation Plan, pursuant
to Chapter 53 of the Laws of 2015, including any amendments or updates
to such plans.
Systems of conduits and all other construction, devices,
and appliances appurtenant thereto, designed and used to collect and
carry stormwater and surface water, street wash, and other wash and
drainage waters to a point source for discharge.
The planning, design, acquisition, or construction activities
in furtherance of a permanent or portable device capable of removing
human sewage from a marine holding tank.
(i) wastewater treatment improvement projects, (ii) non-point
source abatement and control program projects developed pursuant to
§ 11-b of the Soil and Water Conservation Districts Law,
§ 1455b of the Federal Coastal Zone Management Act, or Article
42 of the Executive Law, (iii) aquatic habitat restoration projects,
(iv) pollution prevention projects, and (v) the operation of the Peconic
Bay National Estuary Program, as designated by the United States Environmental
Protection Agency. Such projects shall have as their purpose the improvement
of existing water quality to meet existing specific water quality
standards. Projects which have as a primary purpose to permit or accommodate
new growth shall not be included within this definition.
The planning, design, construction, acquisition, enlargement,
extension, or alteration of a wastewater treatment facility, including
alternative systems to a sewage treatment plant or traditional septic
system, to treat, neutralize, stabilize, eliminate or partially eliminate
sewage or reduce pollutants in treatment facility effluent, including
permanent or pilot demonstration wastewater treatment projects, or
equipment or furnishings thereof. An incentive or rebate program established
by the Town Board for the upgrade of existing septic systems or cesspools
shall constitute an eligible project within the definition of a wastewater
treatment improvement project. Stormwater collecting systems and vessel
pumpout stations shall also be included within the definition of a
wastewater improvement project.
A.
Preservation of community character shall include the protection
and improvement of the quality of all water resources.
B.
Before any revenues from the Community Preservation Fund may be spent on water quality improvement projects as defined in this article, all such projects shall first be approved by the Town Board as part of the Community Preservation Fund Project Plan, adopted pursuant to § 64-e of Town Law and Article II of Chapter 17 herein.
C.
Said plan shall prioritize each project to be undertaken pursuant
to this article. In setting such priorities, the Town Board shall
consider the most prevalent pollutants affecting water quality in
the Town and which projects will maximize the removal of such pollutants
in the most cost effective manner. The plan shall provide a detailed
written elaboration for the cost benefits in setting such priorities
on a project-by-project basis.
D.
Said plan shall list every water quality improvement project which
the Town plans to undertake pursuant to the Community Preservation
Fund, and shall state how such project will improve existing water
quality, and the estimated maximum cost of such project.
E.
The proposed water quality improvement project shall be for the planning,
design, or implementation of a capital project with a probable useful
life of at least five years, pursuant to the state Local Finance Law.
F.
The proposed water quality improvement project shall be consistent
with one or more regional water quality improvement plans.
G.
Such projects shall advance measurable water quality improvement
for the Peconic Bay region.
H.
Such projects shall comply with specific existing or proposed state
or regional water quality standards or targets.
I.
In the case of aquatic habitat restoration projects, the project
shall promote aquatic habitat restoration.
J.
In the case of pollution prevention projects, the project shall reduce,
avoid, and/or eliminate the use of toxic or hazardous substances,
or the generation of such substances.
K.
Projects which have as their purpose and effect the accommodation
of new growth, as opposed to the remediation of water quality, shall
not qualify for funding under this article.
A.
No monies from the Community Preservation Fund shall be expended
for a water quality improvement project by the Town unless such project
has first been certified by the Town Board, by resolution, pursuant
to this Article.
B.
In making such certification, the Town Board shall find as follows:
(1)
The proposed water quality improvement project is for the planning,
design, or implementation of a capital project with a probable useful
life of at least five years, pursuant to the state Local Finance Law;
(2)
The proposed water quality improvement project is consistent with
one or more regional water quality improvement plans;
(3)
Such project advances measurable water quality improvement for the
Peconic Bay Region;
(4)
Such project complies with specific existing or proposed state or
regional water quality standards or targets;
(5)
In the case of aquatic habitat restoration projects, the project
will promote aquatic habitat restoration; and
(6)
In the case of pollution prevention projects, the projects will reduce,
avoid, and/or eliminate the use of toxic or hazardous substances,
or the generation of such substances.
C.
The Town Board shall not certify projects which accommodate new or
additional growth.
A.
A Water Quality Advisory Committee shall be established pursuant
to Town Board resolution to review and make recommendations on proposed
water quality improvement projects using monies from the Fund.
B.
Such committee shall consist of (five or seven) members who shall
be residents of the Town and who shall serve without compensation.
No member of the Town Board shall serve on said Committee, nor shall
any member have a direct interest in any project for which funding
is sought.
C.
The members shall include individuals with demonstrated expertise
in water quality issues, estuarine science, civil engineering, shellfish
restoration, or similar relevant credentials.
D.
The responsibilities of such Committee may include, but not be limited
to, assisting in the development of the project plan, drafting requests
for proposals to implement water quality improvement projects, reviewing
and prioritizing proposed projects, and offering such further advice
and recommendations as the Town Board may specify and deem necessary.
