[Adopted 8-16-2016 by L.L. No. 38-2016[2]]
[1]
Editor's Note: See also Art. III, Real Estate Transfer Tax.
[2]
Editor's Note: This local law passed at referendum 11-8-2016.
A. 
The Town Board hereby finds that in 1998, the New York State Legislature adopted Chapter 114 of the Laws of 1998, which authorized towns in the Peconic Bay Region to establish community preservation funds for the purpose of preserving land for open space, farmland preservation, historic preservation, and parks and recreation purposes. The revenue for said fund was to be derived from a two-percent real estate transfer tax. This Town Board, by Local Law No. 14 of 1998, did implement the provisions of Chapter 114 of the Laws of 1998. Said local law was approved by the electors of the Town in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said local law, the Town Community Preservation Fund went into effect on April 1, 1999.
B. 
The Town Community Preservation Fund has been an unparalleled success in preserving land for parks and conservation purposes. From 1999, through on or about 2015, the Community Preservation Fund in the Peconic Bay Region has generated $1,000,000,000 with more than 10,000 acres of open space and farmland preserved for the public benefit.
C. 
The authorization for the two-percent real estate transfer tax was originally set to expire at the end of the year 2010. The State Legislature, by the enactment of Chapter 250 of the Laws of 2002, authorized the towns to extend the expiration date of the tax until December 31, 2020, subject to mandatory referendum. The Town Board in 2002 did enact a local law which provided for such extension. The voters approved the local law at the general election held November 5, 2002. Again in 2006, the State Legislature, by the enactment a chapter of the Laws of 2006, authorized the towns to extend the expiration date of the tax until the end of the year 2030. The Town Board in 2006 did enact a local law which provided for such extension until 2030. The voters approved the local law at the general election held November 7, 2006.
D. 
In 2015, the State Legislature approved and the governor signed into law Chapter 551 of the Laws of 2015, amending the Town Law in relation to the Peconic Bay Community Preservation Fund and Chapter 114 of the Laws of 1998 amending the Town Law and other laws relating to authorizing certain towns in the Peconic Bay region to establish Community Preservation Funds to extend the two-percent real estate transfer tax from December 31, 2030, to December 31, 2050, and creating a new category of eligible funding for water quality improvement projects including, but not limited to, wastewater treatment; aquatic habitat restoration; and pollution prevention. It further allows the Town Boards of any town within the Peconic Bay region (East Hampton, Riverhead, Shelter Island, Southampton and Southold) to utilize a maximum of 20% of the CPF to finance the implementation of water quality improvement projects. The CPF water quality improvement funds could be used to match any federal, state, county or other funds up to a maximum of 10% of water quality improvement funding for the operation of the Peconic Bay National Estuary Program (PEP).
E. 
This article implements the twenty-year extension and creates a new category of eligible funding for water quality improvement projects.
As used in this article, the following words and terms shall have the following meanings:
AQUATIC HABITAT RESTORATION PROJECT
The planning, design, construction, management, maintenance, reconstruction, revitalization, or rejuvenation activities intended to improve waters of the state of ecological significance or any part thereof, including, but not limited to ponds, bogs, wetlands, bays, sounds, streams, rivers, or lakes and shorelines thereof, to support a spawning, nursery, wintering, migratory, nesting, breeding, feeding, or foraging environment for fish and wildlife and other biota.
POLLUTION PREVENTION PROJECT
The planning, design, construction, improvement, maintenance or acquisition of facilities, production processes, equipment or buildings owned or operated by municipalities for the reduction, avoidance, or elimination of the use of toxic or hazardous substances or the generation of such substances or pollutants so as to reduce risks to public health or the environment, including changes in production processes or raw materials; such projects shall not include incineration, transfer from one medium of release or discharge to another medium, off-site or out-of-production recycling, end-of-pipe treatment or pollution control.
STORMWATER COLLECTING SYSTEM
Systems of conduits and all other construction, devices, and appliances appurtenant thereto, designed and used to collect and carry stormwater and surface water, street wash, and other wash and drainage waters to a point source for discharge.
VESSEL PUMPOUT STATION
A project for the planning, design, acquisition or construction of a permanent or portable device capable of removing human sewage from a marine holding tank.
WASTEWATER TREATMENT IMPROVEMENT PROJECT
The planning, design, construction, acquisition, enlargement, extension, or alteration of a wastewater treatment facility, including alternative systems to a sewage treatment plant or traditional septic system, to treat, neutralize, stabilize, eliminate or partially eliminate sewage or reduce pollutants in treatment facility effluent, including permanent or pilot demonstration wastewater treatment projects, or equipment or furnishings thereof. An incentive or rebate program established by the Town Board for the upgrade of existing septic systems or cesspools shall constitute an eligible project within the definition of a wastewater treatment improvement project. Stormwater collecting systems and vessel pumpout stations shall also be included within the definition of a wastewater improvement project.
WATER QUALITY IMPROVEMENT PROJECT
(1) wastewater treatment improvement projects; (2) non-point source abatement and control program projects developed pursuant to Section 11-B of the Soil And Water Conservation Districts Law, Title 14 of Article 17 of the Environmental Conservation Law, § 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law; (3) aquatic habitat restoration projects; (4) pollution prevention projects; and (5) the operation of the Peconic Bay National Estuary Program, as designated by the United States Environmental Protection Agency. Such projects shall have as their purpose the improvement of existing water quality to meet existing specific water quality standards. Projects which have as a primary purpose to permit or accommodate new growth shall not be included within this definition.
Pursuant to Chapter 551 of the Laws of 2015, the Town Board is hereby authorized to utilize revenues from the Community Preservation Fund to implement water quality improvement projects in accordance with a plan to preserve community character, pursuant to Article III of this chapter. A maximum of 20% of the fund may be utilized for the implementation of water quality improvement projects; provided that where such water quality improvement funds are utilized for the operation of the Peconic Bay National Estuary Program, the use of such funds shall only be utilized to match federal, state, county, or other public or private funds on a dollar-for-dollar basis, not to exceed 10% of the annual amount appropriated for water quality improvement projects.
A. 
Preservation of community character shall include the protection and improvement of the quality of all water resources.
B. 
Before any revenues from the Community Preservation Fund may be spent on water quality improvement projects as defined in this article, all such projects shall be approved by the Town Board as part of the Community Preservation Fund Project Plan, adopted pursuant to § 64-e of the Town Law and Article I of this Chapter.
C. 
Said plan shall prioritize each project to be undertaken pursuant to this chapter, establish priorities for preservation and shall include farmland as its highest priority.
D. 
Said plan shall list every water quality improvement project which the Town plans to undertake pursuant to the Community Preservation Project Plan and shall state how such project would improve existing water quality. Projects which have as their purpose the accommodation of new growth as opposed to the remediation of water quality shall not qualify for funding under this article or such other provisions of this chapter.
E. 
The proposed water quality improvement project shall be for the planning, design, or implementation of a project with a probable useful life of at least five years, pursuant to the state Local Finance Law.
F. 
The proposed water quality improvement project shall be consistent with one or more regional water quality improvement plans.
In addition, no monies from the Community Preservation Fund shall be expended for a water quality improvement project by the Town, unless such project also has been certified by the Town Board, by resolution, pursuant to this article. In making such certification, the Town Board shall find as follows: (a) the proposed water quality improvement project shall be for the planning, design, or implementation of a capital project with a probable useful life of at least five years, pursuant to the state Local Finance Law, (b) the proposed water quality improvement project is consistent with one or more regional water quality improvement plans, (c) such project advances measurable water quality improvement for the Peconic Bay region, (d) such project complies with specific existing or proposed state or regional water quality standards or targets, (e) in the case of aquatic habitat restoration projects, the project will promote aquatic habitat restoration, and (f) in the case of pollution prevention projects, the project will reduce, avoid, and eliminate the use of toxic or hazardous substances, or the generation of such substances. The Town Board shall not certify projects which solely accommodate new or additional growth.
The real estate transfer tax implemented by Article II of Chapter 221 (Community Preservation; Open Space) pursuant to Article 31-D of the State Tax Law is hereby extended until December 31, 2050.
The provisions of this article are subject to mandatory referendum pursuant to § 23 of the New York Municipal Home Rule Law, as provided for by § 3 of Chapter 551 of the Laws of 2015.
Pursuant to Chapter 551 of the Laws of 2015 and § 23 of the New York Municipal Home Rule Law, the following proposition shall be placed before the electors of the Town of Riverhead at the general election to be held on November 8, 2016: "Shall a Local Law entitled 'A Local Law amending Chapter 221 (Community Preservation; Open Space) of the Town Code of the Town of Riverhead, (1) in relation to extending the effective date of the real estate transfer tax imposed to benefit the Town Community Preservation Fund until December 31, 2050 and (2) authorizing the use of a portion of such Town Community Preservation Fund, not to exceed 20%, for water quality improvement projects 'be approved'?"
If any clause, sentence, paragraph, section, or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This article shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 8, 2016, by the affirmative vote of the qualified electors of the Town upon the proposition set forth in § 221-41 of this article.