Village of Nissequogue, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 5-15-1990 by L.L. No. 1-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches, dunes and bluffs — See Ch. 48.
Coastal consistency review — See Ch. 53.
Docks — See Ch. 55.
Environmental quality review — See Ch. 62.
Erosion protection structures — See Ch. 65.
Flood damage prevention — See Ch. 71.
Freshwater wetlands — See Ch. 75.
Parks, beaches and conservation areas — See Ch. 87.
Waterways — See Ch. 123.

§ 20-1 Title.

This chapter shall be known as the "Village of Nissequogue Integrated Municipal Review of Actions Within Coastal Area Law."

§ 20-2 Authority.

[Amended 6-27-1991 by L.L. No. 14-1991]
This chapter is adopted pursuant to Article IX, § 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, subdivisions pursuant to Village Law § 7-728 and waterways. Consistency reviews by the Joint Village Coastal Management Commission of Nissequogue and Head-of-the-Harbor of proposed actions to be undertaken by the Town of Smithtown shall be considered to be Type II actions under 6 NYCRR Part 617 for consistency review purposes only.

§ 20-3 Purpose.

The purpose of this chapter is to foster a cooperative relationship between the Villages of Nissequogue and Head-of-the-Harbor 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's).

§ 20-4 Applicability.

The procedure 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 Nissequogue and Head-of-the-Harbor and are in addition to the LWRP Consistency Laws of the Town of Smithtown and the Villages of Nissequogue and Head-of-the Harbor 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 one 1,500 feet off shore 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.

§ 20-5 Notification procedures.

A. 
When any Town of Smithtown agency is considering an action in the area described above in Stony Brook Harbor, the Nissequogue River or Smithtown Bay, the Town Planning Director or Chief Building Official, as the case may be, shall notify the Villages of Nissequogue and Head-of-the-Harbor Joint Village Coastal Management Commission of such action; when a Village of Nissequogue agency is considering an action in Stony Brook Harbor, the Nissequogue River or Smithtown Bay, or a Village of Head-of-the-Harbor agency is considering an action in Stony Brook Harbor, the Joint Village Coastal Management Commission shall notify the Town of Smithtown Planning Director of such action.
B. 
Notification of a proposed action:
(1) 
Shall fully describe the nature and location of the action.
(2) 
Shall stipulate the dates and times of hearings, meetings and review and comment periods.
(3) 
Shall be accomplished by the exchange of coastal assessment forms, environmental assessment forms, copies of all applications and all supporting documentation.
(4) 
Should be provided as early in the planning stages of the action as possible, but in any event at least 30 days prior to the agency's decision on the action.

§ 20-6 Review procedures.

A. 
Village action.
(1) 
Upon receipt of the notification by the Town Planning Director from the villages' Joint Coastal Management Commission, the Town Planning Director shall forward a copy of the notification to other interested and involved town agencies and the Town Board for review and comment.
(2) 
The Town Board shall review the notification describing the proposed village action against the policy and standards of the town's LWRP and shall receive and review comments from any other interested or involved town agency on the consistency of such action within 15 days of such referral from the Town Planning Director.
(3) 
If the Town Board cannot identify any conflicts between the proposed village action and the applicable policies and standards of the town's LWRP, it shall notify the Town Planning Director of such finding, who shall notify the Joint Village Coastal Management Commission of the Town Board's finding.
(4) 
If the Town Planning Director does not notify the village officials, in writing, of the town's finding within 25 days of receipt of the notification, the village may assume that the proposed action does not conflict with the town's approved LWRP.
(5) 
If the Town Planning Director notifies village officials, in writing, that the proposed action does conflict with the policies and standards of the town's approved LWRP, the village shall not proceed with the action until identified conflicts have been resolved in accordance with the procedures set forth herein.
[Amended 6-27-1991 by L.L. No. 14-1991]
B. 
Town action.
(1) 
Upon receipt of notification by the villages' Joint Coastal Management Commission from the Town Planning Director or Chief Building Official, the Commission Chairperson or the Chairperson's designee shall forward a copy of the notification to the Village Boards and other interested and involved agencies.
(2) 
The Joint Village Coastal Management Commission shall review the notification of the proposed town action against the policies and standards of the villages' approved LWRP.
(3) 
If the Joint Village Coastal Management Commission cannot identify any conflicts between the proposed town action and the villages' approved LWRP, the Chairperson shall notify the Town Planning Director of the villages' findings.
(4) 
If the Chairperson does not notify town officials, in writing, of the villages' finding within 25 days of receipt of the notification, the town may assume that the proposed action does not conflict with the villages' approved LWRP.
(5) 
If the Chairperson notifies town officials, in writing, that the proposed action does conflict with the policies and standards of the villages' approved LWRP, the town shall not proceed with the action until identified conflicts have been resolved in accordance with the procedures set forth herein.

§ 20-7 Resolution of conflicts.

The following procedures shall apply whenever a proposed action conflicts with the policies and standards of the Villages of Nissequogue and Head-of-the-Harbor 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 conflict cannot be resolved by a mutually agreeable decision of 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.
[Amended 6-27-1991 by L.L. No. 14-1991]
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 chapter shall be deemed to be the equivalent of approval of such action by the nonacting municipality.

§ 20-8 Severability.

The provisions of this chapter are severable. If any provision of this chapter is found invalid, such finding shall not affect the validity of the chapter as a whole or any part or provision hereof other than the provisions so found to be invalid by a court of competent jurisdiction.

§ 20-9 When effective.

This chapter shall take effect upon the filing with the Secretary of State of the State of New York and when the Villages of Nissequogue and Head-of-the-Harbor shall have in effect an approved LWRP.