[Adopted 6-6-1989 by L.L. No. 3-1989]
This Article shall be known as the "Town of Smithtown Integrated
Municipal Review of Actions Located Within the Coastal Area Law."
This Article 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 and waterways. Consistency
reviews by the Town Board of proposed actions to be undertaken by
the Villages of Head-of-the-Harbor or Nissequogue shall be considered
to be a Type II Action under 6 NYCRR Part 617 for consistency review
purposes only.
The purpose of this article is to foster a cooperative relationship
between the Town of Smithtown and the Villages of Head-of-the-Harbor
and Nissequogue in order to provide for the coordinated review and
efforts of actions located within the Town and villages' coastal areas
so that the Town and village may advance the policies, standards and
conditions of their respective LWRP's.
The procedures in this article 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 the
shore to the confluence of Stony Brook Harbor with Smithtown Bay.
A.
When any Town of Smithtown agency is considering an action in the
areas described above in Stony Brook Harbor, Nissequogue River or
Smithtown Bay, the Town Planning Director or Building Director, as
the case may be, shall notify the Villages of Head-of-the-Harbor and
Nissequogue 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.
[Amended 5-8-2007 by L.L. No. 5-2007]
B.
The 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,
environment 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 Village 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 policies and standards of the town's LWRP
and shall receive and review comments from any other interested and
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.
B.
Town action.
(1)
Upon receipt of notification by the villages' Joint Village Coastal
Management Commission from the Town Planning Director, the Commission
Chairperson or the Chairperson's designee shall forward a copy of
the notification to 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 village's approved LWRP.
(3)
If the Joint Village Coastal Management Commission cannot identify
any conflicts between the proposed town action and the applicable
policies and standards of the village's approved LWRP, the Chairperson
shall notify the Town Planning Director of the village's findings.
(4)
If the Chairperson does not notify town officials, in writing, of
the village's finding within 25 days of receipt of the notification,
the town may assume that the proposed action does not conflict with
the village's approved LWRP.
(5)
If the Chairperson notifies town officials, in writing, that the
proposed action does conflict with the policies and standards of the
village's 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 Head-of-the-Harbor
and Nissequogue LWRP's 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 receipt 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 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 in this Article,
then the matter shall be referred to the respective Village Boards
of Trustees and Town Board for resolution pursuant to the procedures
of this Article. 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 a
majority, plus one, of all the Board members thereof. Such action
shall be subject to judicial review, pursuant to the law providing
for the review of acts of such 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 in this
Article. Failure to act within the time requirements of this Article
shall be deemed to be the equivalent of approval of such action by
the nonacting municipality.
This Article 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 and only
when the exact same provisions of this Article shall have been duly
enacted by the Village of Nissequogue and Head-of-the-Harbor.
