[HISTORY: Adopted by the Town Board of the Town of Southampton 8-28-2012 by L.L. No.
12-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Protection of natural resources — See Ch. 229.
The Town of Southampton has long recognized the importance of,
and the value in, protecting its coastal and inland freshwater and
saltwater bodies. Indeed, there can be little doubt that the continued
viability of the Town's waterways serves as the engine which
drives much of the Town's economy, and which defines and marks
the Town as a marine heritage community. Related to this effort is
the Town's goal of protecting groundwater and surface water resources
from pollutants and activities that threaten the Town's water
quality as recognized in the GEIS for the Town's Critical Wildlands
and Groundwater Protection Plan. A stated goal and recommendation
of said study was to establish performance standards and monitoring
practices to protect groundwater and surface waters from potential
sources of pollution. Measures should be taken to prevent or reduce
the degrading of our marine environment and freshwater ponds which
can occur as a result of land-based activities. In that regard, it
is the Town's desire to increase the availability of funding
for financing, among other things, the continued preservation and
mitigation of our water bodies, including testing and sampling; the
restoration of wetlands and submerged aquatic vegetation, e.g., eelgrass
beds, as well as shellfisheries; and the providing of incentives to
Town of Southampton residents to inspect and/or update their current
septic systems which provide further de-nitrification. Thus, in an
effort to safeguard the Town's important natural resources, protect
its marine heritage, and improve the quality of its water bodies Town-wide,
the Town Board herein creates this fund to further these purposes.
Importantly, whether through land use approvals or other vehicles
through which funding is received, this fund, and any contribution
thereto, shall not be used as a means of satisfying any requirement
of on-site mitigation, whether such on-site mitigation is necessitated
by required approval(s), the SEQRA process, and/or remediation of
a violation. Additionally, should monies be derived from any land
use approval, monies so collected shall be separated relative to the
critical watershed management area from which they came for purposes
of a rebate program. A priority shall be given to rebate applications
then pending within that same management area for purposes of disseminating
funds. All other funding requests shall be derived from the aggregate
of money equally. All dissemination of funds shall be subject to a
Town Board resolution.
The Water Quality Protection Fund shall be funded by the following
sources, which shall not be exclusive:
A.
The Town Comptroller is hereby directed to deposit, invest, and secure the monies in said fund pursuant to General Municipal Law §§ 10 and 11. Any interest earned or capital gains realized on the monies so deposited shall accrue to and become part of this fund. No expenditure shall be made from said fund except pursuant to a duly adopted Town Board resolution. Additionally, the Town Comptroller shall provide a biannual report to the Town Board at a work session to inform on the balance of funds and total disbursements.
B.
Monies from said fund shall be used, at the discretion of the Town
Board and in consultation with the Town's Chief Environmental
Analyst, in conformance with priority recommendations of applicable
Town studies and plans, for purposes including but not limited to
the following:
(1)
In connection with a septic system rebate program adopted by the
Town Board, which may allow for rebates associated with the inspections,
and/or upgrade or replacement of existing septic systems which shall
result in the further de-nitrification of groundwater. Should there
be monies which are applied in connection with a land use approval,
such monies shall be earmarked to be used first on rebate applications
from the critical watershed management area associated with such land
use approval then pending. Should there be no such rebate application
then pending, then in that event the monies may be used on a Town-wide
basis;
(2)
Purchasing, for the purpose of extinguishing development rights and/or
Pine Barrens credits. Any development rights or Pine Barrens credits
so redeemed shall be inclusive of such parcel's associated sewage
flow. This shall be achieved by a duly recorded covenant and restriction
approved as to form and content by the office of the Town Attorney;
(3)
The securing of conservation easements for the protection of water
bodies;
(4)
Contributing to or fully funding a program(s) approved and/or administered
by the Town Trustees to address and mitigate the deleterious effects
of phosphorus and/or nitrogen on shellfish and bay bottoms, including
restoration of any aquatic life after such reduction;
(5)
Educational programs;
(6)
PILOT programs to test new technology;
(7)
Water quality sampling and testing; and
(8)
Any other bona fide water mitigation purposes deemed appropriate
via Town Board resolution.
