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.
REGIONAL WATER QUALITY IMPROVEMENT PLAN
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:
A.
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);
B.
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);
C.
The South Shore Estuary Reserve Comprehensive Management Plan,
pursuant to Article 46 of the Executive Law;
D.
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.
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
Includes all of the following:
A.
Wastewater treatment improvement projects.
B.
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.
C.
Aquatic habitat restoration projects.
D.
Pollution prevention projects.
E.
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.
F.
Projects which have as a 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.
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.
G. The Town Board shall articulate the purpose of the project and shall
not certify projects which have as their purpose to accommodate new
or additional growth.