[Adopted 8-18-2016 by L.L. No. 46-2016[1]]
[1]
Editor's Note: This local law passed at referendum 11-8-2016.
A.
The purpose of this article shall be to implement the authority delegated
by the state to the Town of East Hampton pursuant to Chapter 551 of
the Laws of 2015.
B.
Specifically, this article shall permit the Town to use of up to
20% of the Community Preservation Fund to undertake water quality
improvement projects which would improve 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 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,[1] or Article 42 of the Executive Law;
[1]
Editor's Note: See 16 U.S.C. § 1455b.
(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 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:
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);
The South Shore Estuary Reserve Comprehensive Management Plan,
pursuant to Article 46 of the Executive Law;
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 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.
Includes all of the following:
Wastewater treatment improvement projects.
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,[3] or Article 42 of the Executive Law.
Aquatic habitat restoration projects.
Pollution prevention projects.
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 purpose to permit or accommodate new
growth shall not be included within this definition.
The East Hampton Water Quality Technical Advisory Committee
established and created by this chapter.
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 III of this chapter.
C.
Said plan shall prioritize each project 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 for the cost benefits in setting such priorities
on a project by project basis.
D.
Said plan shall list every water quality improvement project which
the Town plans to undertake pursuant to the Community Preservation
Fund and shall state how such project would improve existing water
quality and the maximum cost of such project.
E.
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.
F.
The proposed water quality improvement project shall 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.
H.
Such project shall 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 promote aquatic habitat restoration.
J.
In the case of pollution prevention projects, the project shall reduce,
avoid, and eliminate the use of toxic or hazardous substances, or
the generation of such substances.
K.
Projects which have as their purpose the accommodation of new growth
as opposed to the remediation of water quality shall not quality for
funding under this article. All projects must be fully compliant with
the Town's Comprehensive Plan and all Town Zoning and Building Codes,
including but not limited to density and open space goals. In no case
shall any expenditure of Community Preservation Fund monies confer
or imply any automatic approval for an increase in unit density or
intensity of use.
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.
A.
The East Hampton Water Quality Technical Advisory Committee is hereby
established to review and make recommendations on proposed water quality
improvement projects using monies from the Community Preservation
Fund and to act in an advisory capacity to the East Hampton Community
Preservation Fund Advisory Board. Any recommendations made by the
Advisory Committee to the Advisory Board shall be shared with the
Town Board.
B.
Such Committee shall consist of up to seven members, who shall serve
without compensation. No member of the Town Board shall serve on the
Advisory Committee.
C.
Experience and expertise in water quality issues, estuarian science,
civil engineering, shellfish restoration or similar credentials is
preferred but not required.
