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