[Adopted 8-16-2016 by L.L. No. 38-2016[2]]
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:
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.
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.
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.
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.
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.
(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 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.
