[HISTORY: Adopted by the Board of Trustees
of the Freeholders and Commonalty of the Town of Huntington 12-7-1971 as Res. No.
BT-1.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Department of Environmental Protection — See Ch. 27.
Marine conservation — See Ch. 137.
[1]
Editor's Note: The preamble to this resolution
provided as follows:
"WHEREAS, the Trustees of the Freeholders
& Commonalty of the Town of Huntington, under and by virtue of
the powers granted by certain colonial charters, which powers and
obligations were ratified and confirmed by the State of New York after
the War of Revolution against England, have, by resolution duly adopted
February 23, 1971,
DECLARED that it is the continuing policy
of the Trustees of the Freeholders and Commonalty of the Town of Huntington,
in cooperation with the Town Board of the Town of Huntington and all
other concerned public and private organizations, to use all practicable
means and measures to foster and promote the general welfare, to create
and maintain conditions under which man and nature can exist in productive
harmony, and fulfill the social, economic and other needs of this
and future generations, and fully stated the elements of such policy
in said resolution,
"Now hereby resolves that......"
Any person subject to the provisions of Title
33 of the United States Code, §§ 401-413, generally
referred to as the "Rivers and Harbors Act of 1899," and/or the regulations
contained in Title 33, Chapter II, Part 209, of the Code of Federal
Regulations, issued under and by virtue of the authority of R.S. 161,
Title 5 of the United States Code, § 301, relating to navigable
waters, as currently supplemented or amended, shall submit a copy
of the application and all supporting documents required under the
provisions of such federal laws, rules and regulations to the Trustees
of the Freeholders and Commonalty of the Town of Huntington where
such application involves the waters, lands under the waters and lands
adjacent thereto under the jurisdiction of the Trustees of the Freeholders
and Commonalty of the Town of Huntington, prior to submission of such
application and documents to the Department of the Army, Corps of
Engineers.
[Amended 7-13-2021 by L.L. No. 35-2021]
Upon receipt of such application, the Clerk
of the Trustees of the Freeholders and Commonalty of the Town of Huntington
shall forward the application to the Director of Planning and Environment
of the Town of Huntington for review and assessment of the environmental
impact of the work proposed to be accomplished pursuant to the application
upon the natural resources and environment of the Town of Huntington.
The Director of Planning and Environment shall require the applicant
to prepare and submit an environmental impact statement pursuant to
the resolutions of the Trustees of the Freeholders and Commonalty
of the Town of Huntington heretofore adopted.
[Amended 7-13-2021 by L.L. No. 35-2021]
Within 30 days of receipt of such application,
the Director of Planning and Environment shall file a report evaluating
the impact of such application, if approved, upon the natural resources
and environment of the Town of Huntington. Such report shall be filed
with the Trustees of the Freeholders and Commonalty of the Town of
Huntington and shall become a public record.
[Amended 7-13-2021 by L.L. No. 35-2021]
Within 30 days after the report of the Director
of Planning and Environment has been filed with the Trustees of the
Freeholders and Commonalty of the Town of Huntington, said Trustees
shall approve or disapprove the application as presented and shall
notify the applicant and the Corps of Engineers of the Department
of the Army of such determination.
No person shall take any action subject to the
provisions of Title 33 of the United States Code, §§ 401-413,
generally referred to as the "Rivers and Harbors Act of 1899," and/or
the regulations contained in Title 33, Chapter II, Part 209, of the
Code of Federal Regulations, issued under and by virtue of the authority
of R.S. 161, Title 5 of the United States Code, § 301, with
respect to the waters, lands under the waters and lands adjacent thereto
under the jurisdiction of the Freeholders and Commonalty of the Town
of Huntington, unless and until such action has been approved by resolution
of the Trustees of the Freeholders and Commonalty of the Town of Huntington
duly adopted.
Any person who shall be acting, or who shall
be operating or maintaining any structure, operation or activity,
under and by virtue of any permit theretofore issued by the Department
of the Army, Corps of Engineers, pursuant to the provisions of Title
33 of the United States Code, §§ 401-413, generally
referred to as the "Rivers and Harbors Act of 1899," and/or the regulations
contained in Title 33, Chapter II, Part 209, of the Code of Federal
Regulations, issued under and by virtue of the authority of R.S. 161,
Title 5 of the United States Code, § 301, shall, within
30 days of the publication of this resolution, submit copies of the
application and all documents in support thereof, together with a
copy of the permit granted by the Corps of Engineers, to the Trustees
of the Freeholders and Commonalty of the Town of Huntington pursuant
to the provisions of this resolution heretofore set forth.
The Clerk of the Trustees of the Freeholders
and Commonalty of the Town of Huntington is hereby directed to publish
this resolution in accordance with the procedures followed by the
Town Board of the Town of Huntington for the publication of resolutions,
and to forward a copy of this resolution, duly certified, to the Department
of the Army, Corps of Engineers, at its headquarters in Washington,
District of Columbia, and also to the resident permit agent of the
Department of the Army, Corps of Engineers, in the State of New York,
having jurisdiction over the navigable waters of the Town of Huntington.
