[Added 7-15-2016 by L.L.
No. 8-2016[1]]
[1]
Editor's Note: This local law was approved at mandatory referendum
11-8-2016.
A.
The purpose of this article shall be to implement the authority delegated
by the state to the Town of Shelter Island pursuant to Chapter 551
of the Laws of 2015.
B.
Specifically, this article shall permit the Town to use up to 20%
of the annual Community Preservation Fund revenues to undertake water
quality improvement projects which would improve water quality. Projects
which have as their primary purpose the accommodation of new growth
as opposed to the remediation of water quality shall not qualify for
funding under this section.
C.
Such projects shall include (1) wastewater treatment improvement
projects; (2) nonpoint source abatement and control program projects
developed pursuant to § 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.
D.
Such projects shall also include those undertaken by the Town through
a watershed protection improvement district created pursuant to Article
12 or 12-A of the Town Law.
E.
No monies from the fund may be expended for a water quality improvement
project by the Town unless such project has been certified by the
Town Board.
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
scientific basis for concluding that a proposed aquatic habitat restoration
project will provide benefits to water quality and/or aquatic habitat
shall be well documented.
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.
A water quality improvement plan adopted pursuant to state
or federal law which has as its purpose the improvement of water quality
in all or part of the Peconic Bay region, including but not limited
to, (1) the comprehensive conservation and management plan (CCMP)
for the Peconic Estuary Program pursuant to the National Estuary Program
(P.L. 100-4) under the Clean Water Act (P.L. 92-500);[1] (2) the Comprehensive Conservation and Management Plan (CCMP) for the Long Island Sound Estuary Program pursuant to the National Estuary Program (P.L. 100-4) under the Clean Water Act (P.L. 92-500); (3) the South Shore Estuary Reserve Comprehensive Management Plan pursuant to Article 46 of the Executive Law; and (4) the Long Island Nitrogen Management and Mitigation Plan pursuant to Chapter 53 of the Laws of 2015, including any amendments or updates to such plans.
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 treatment and discharge in a
manner that results in a net reduction in adverse ecological impacts.
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
with enhanced nitrogen reduction treatment systems to meet Suffolk
County standards as established in 2016 or later 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) nonpoint
source abatement and control program projects developed pursuant to
§ 11-s 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; (5) the construction of public water mains and connections
to provide drinking water to inhabitants whose drinking water supply
has been contaminated by toxic chemicals as defined in § 37-0301
of the Environmental Conservation Law, hazardous substances as defined
in § 40-0105 of the Environmental Conservation Law or emerging
contaminants as defined in § 1112 of the Public Health Law;
(6) the operation of the Peconic Bay National Estuary Program, as
designated by the United States Environmental Protection Agency; and
(7) any other purpose authorized by the State of New York Town Law
§ 64-e. Such projects shall have as their purpose the improvement
of existing water quality to meet water quality standards as they
exist at the time of project evaluation. Projects which have as a
primary purpose to permit or accommodate new growth shall not be included
within this definition.
[Amended 7-19-2019 by L.L. No. 12-2019]
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
A.
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 receipts from the prior year may be utilized for the implementation of water quality 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.
B.
A priority shall be given to wastewater treatment 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 consistent
with the Community Preservation Fund Water Quality Project Plan adopted
pursuant to § 64-e of the Town Law and this chapter.
C.
Said plan shall generally prioritize projects to be undertaken pursuant
to this article. In setting such priorities, the Town Board shall
consider the most prevalent pollutants affecting water quality in
the Town and which projects will maximize the removal of such pollutants
in the most cost effective manner. The plan shall provide a detailed
written elaboration of a mechanism for evaluating the cost benefits
in setting such priorities.
D.
The proposed water quality improvement project plan shall state how
such projects would improve existing water quality.
E.
The proposed water quality improvement project funds may be utilized
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.
F.
The proposed water quality improvement project should, if possible,
be consistent with one or more regional water quality improvement
plans.
G.
Such project shall advance measurable water quality improvement for
the Peconic Bay region. The Town may require monitoring for the purpose
of calculating measurable results in connection with any project considered
or funded hereunder, and such monitoring may be paid for by the fund.
H.
Such project should, if possible, comply with specific existing or
proposed state or regional water quality standards or targets.
I.
In the case of aquatic habitat restoration projects, the project
shall be supported by scientific studies showing the ways in which
the project will successfully promote aquatic habitat restoration.
J.
In the case of pollution prevention projects, the project shall be
supported by documentation showing how the project will reduce, avoid,
or eliminate the use, generation or discharge of toxic or hazardous
substances.
K.
Projects which have as their primary purpose the accommodation of
new growth as opposed to the remediation of water quality shall not
qualify for funding under this article.
L.
Project funding may not be used for the ordinary maintenance or repair
of existing facilities.
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) if the proposed water quality
improvement project is for the planning, design, or implementation
of a capital project, it shall have a probable useful life of at least
five years pursuant to the state local finance law; (b) the proposed
water quality improvement project advances the articulated objectives
of and 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 should, if possible,
comply with applicable state or regional water quality standards or
targets; (e) in the case of aquatic habitat restoration projects,
the project is supported by scientific studies showing the ways in
which the project will successfully promote aquatic habitat restoration;
and (f) in the case of pollution prevention projects, the project
will reduce, avoid, or eliminate the use, generation or discharge
of toxic or hazardous substances, or nutrients. The Town Board shall
not certify projects whose purpose shall be to accommodate new or
additional growth.
