This Part 1 shall be known as the "Village of
Head-of-the-Harbor Integrated Municipal Review of Actions Within Coastal
Area Law."
This Part
1 is adopted pursuant to Article
IX, Section 1, of the New York State Constitution, Article 5-G of the General Municipal Law and § 10 of the Municipal Home Rule Law of the State of New York and expressly supersedes any inconsistent general or local law regarding consistency review, zoning and waterways. Consistency reviews by the Joint Village Coastal Management Commission of Head-of-the-Harbor and Nissequogue of proposed actions to be undertaken by the Town of Smithtown shall be considered to be a Type II action under 6 NYCRR 617 for consistency review purposes only.
The purpose of this Part 1 is to foster a cooperative
relationship between the Villages of Head-of-the-Harbor and Nissequogue
and the Town of Smithtown in order to provide for coordinated review
of efforts or actions located within the villages' and town's coastal
areas so that the villages and town may advance the policies, standards
and conditions of their respective Local Waterfront Revitalization
Programs (LWRP).
All words or terms found herein shall be defined
as those words or terms are defined in the Coastal Consistency Review
Law.
The procedures herein described shall be used
to implement an intermunicipal cooperative agreement for the consistency
review of actions by the Town of Smithtown and the Villages of Head-of-the-Harbor
and Nissequogue and are in addition to the LWRP Consistency Laws of
the Town of Smithtown and the Villages of Head-of-the-Harbor and Nissequogue
and apply to the LWRP areas of Stony Brook Harbor, the Nissequogue
River from the southernmost municipal and jurisdictional boundaries
of the Village of Nissequogue and the Town of Smithtown northward
to Smithtown Bay and Smithtown Bay 1,500 feet offshore from the Nissequogue
River's confluence with Smithtown Bay easterly 1,500 feet from shore
to the confluence of Stony Brook Harbor with Smithtown Bay.
The following procedures shall apply whenever
a proposed action conflicts with the policies and standards of the
Villages of Head-of-the-Harbor and Nissequogue LWRP or the Town of
Smithtown LWRP.
A. The Chairperson of the Joint Village Coastal Management
Commission or the Chairperson's designated representative and the
Supervisor of the Town Board or the Supervisor's designated representative,
within 15 days of written notification of a finding that a proposed
action conflicts with an LWRP policy or standard, may meet to resolve
such conflicts with respect to the consistency of the proposed action
with the relevant LWRP.
B. If the Chairperson of the Joint Village Coastal Management
Commission or the Chairperson's designated representative and the
Supervisor of the Town Board or the Supervisor's designated representative
can settle the conflicts, with the advice and consent of the Village
Boards, by a mutually agreeable decision and the respective Commission
and Town Board approve of such decision by resolution, the originating
agency may proceed with the implementation of the action. In passing
the resolution approving such decision, the Commission and Town Board
shall act within 15 days from the date of the referral of the proposed
conflict settlement decision; failure to act within this time frame
shall be deemed to be an approval of the action.
C. If the conflicts cannot be resolved by a mutually
agreeable decision or the Chairperson of the Joint Village Coastal
Management Commission or the Chairperson's designated representative
and the Supervisor of the Town Board or the Supervisor's designated
representative shall fail to have met within the required time as
set forth herein, then the matter shall be referred to the respective
Village Board of Trustees and Town Board for resolution pursuant to
the procedures herein. The municipality which determines that the
proposed action conflicts with its LWRP may prepare and file with
the Clerk of the municipality proposing the action a memorandum of
protest with regard to the inconsistency of the proposed action. The
memorandum of protest must contain a statement indicating the reasons
for the inconsistency of the proposed action and recommend reasonable
alterations, alternatives or modifications to the proposed action.
When such memorandum of protest is filed, the municipality proposing
the action shall not act contrary to such memorandum of protest except
by a vote of majority plus one of all the Board Members thereof. Such
action shall be subject to judicial review pursuant to the law providing
for review of such acts of municipal agencies commenced within 30
days of its adoption or passage.
D. The Town Board and the Joint Village Coastal Management
Commission may mutually agree to extend any time limitation designated
herein. Failure to act within the time requirements of this Part 1
shall be deemed to be the equivalent of approval of such action by
the nonacting municipality.
This Part 1 shall take effect upon the filing
with the Secretary of State of the State of New York and when the
Villages of Head-of-the-Harbor and Nissequogue shall have in effect
an approved LWRP.