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.
All words or terms found herein shall be defined as those words or terms as defined in Chapter
151, Article
II, Environmental Quality and Coastal Consistency Review.
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.
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.