[Adopted 1-13-1990 by L.L. No. 1-1990]
This Part 1 shall be known as the "Village of
Head-of-the-Harbor Integrated Municipal Review of Actions Within Coastal
Area Law."
This Part 1 is adopted pursuant to Article IX, Section 1, of the New York State Constitution, Article 5-G of the General Municipal Law and § 10 of the Municipal Home Rule Law of the State of New York and expressly supersedes any inconsistent general or local law regarding consistency review, zoning and waterways. Consistency reviews by the Joint Village Coastal Management Commission of Head-of-the-Harbor and Nissequogue of proposed actions to be undertaken by the Town of Smithtown shall be considered to be a Type II action under 6 NYCRR 617 for consistency review purposes only.
The purpose of this Part 1 is to foster a cooperative
relationship between the Villages of Head-of-the-Harbor and Nissequogue
and the Town of Smithtown in order to provide for coordinated review
of efforts or actions located within the villages' and town's coastal
areas so that the villages and town may advance the policies, standards
and conditions of their respective Local Waterfront Revitalization
Programs (LWRP).
All words or terms found herein shall be defined
as those words or terms are defined in the Coastal Consistency Review
Law.[1]
The procedures herein described shall be used
to implement an intermunicipal cooperative agreement for the consistency
review of actions by the Town of Smithtown and the Villages of Head-of-the-Harbor
and Nissequogue and are in addition to the LWRP Consistency Laws of
the Town of Smithtown and the Villages of Head-of-the-Harbor and Nissequogue
and apply to the LWRP areas of Stony Brook Harbor, the Nissequogue
River from the southernmost municipal and jurisdictional boundaries
of the Village of Nissequogue and the Town of Smithtown northward
to Smithtown Bay and Smithtown Bay 1,500 feet offshore from the Nissequogue
River's confluence with Smithtown Bay easterly 1,500 feet from shore
to the confluence of Stony Brook Harbor with Smithtown Bay.
A.
When any Town of Smithtown agency is considering an
action in the area described above in Stony Brook Harbor, the Nissequogue
River or Smithtown Bay, the Town Planning Director or Chief Building
Official, as the case may be, shall notify the Villages of Head-of-the-Harbor
and Nissequogue Joint Village Coastal Management Commission of such
action; when a Village of Nissequogue agency is considering an action
in Stony Brook Harbor, the Nissequogue River or Smithtown Bay or a
Village of Head-of-the-Harbor agency is considering an action in Stony
Brook Harbor, the Joint Village Coastal Management Commission shall
notify the Town of Smithtown Planning Director of such action.
B.
Notification of a proposed action:
(1)
Shall fully describe the nature and location of the
action;
(2)
Shall stipulate the dates and times of hearings, meetings
and review and comment periods;
(3)
Shall be accomplished by the exchange of coastal assessment
forms, environmental assessment forms, copies of all applications
and all supporting documentation;
(4)
Should be provided as early in the planning stages
of the action as possible, but in any event at least 30 days prior
to the agency's decision on the action.
A.
Village action.
(1)
Upon receipt of the notification by the Town Planning
Director from the villages' Joint Coastal Management Commission, the
Town Planning Director shall forward a copy of the notification to
other interested and involved town agencies and the Town Board for
review and comment.
(2)
The Town Board shall review the notification describing
the proposed village action against the policies and standards of
the town's LWRP and shall receive and review comments from any other
interested or involved town agency on the consistency of such action
within 15 days of such referral from the Town Planning Director.
(3)
If the Town Board cannot identify any conflicts between
the proposed village action and the applicable policies and standards
of the town's LWRP, it shall notify the Town Planning Director of
such finding, who shall notify the Joint Village Coastal Management
Commission of the Town Board's finding.
(4)
If the Town Planning Director does not notify the
village officials, in writing, of the town's finding within 25 days
of receipt of the notification, the village may assume that the proposed
action does not conflict with the town's approved LWRP.
(5)
If the Town Planning Director notifies village officials,
in writing, that the proposed action does conflict with the policies
and standards of the town's approved LWRP, the village shall not proceed
with the action until identified conflicts have been resolved in accordance
with the procedures set forth herein.
B.
Town action.
(1)
Upon receipt of notification by the villages' Joint
Coastal Management Commission from the Town Planning Director or Chief
Building Official, the Commission Chairperson or the Chairperson's
designee shall forward a copy of the notification to the Village Boards
and other interested and involved agencies.
(2)
The Joint Village Coastal Management Commission shall
review the notification of the proposed town action against the policies
and standards of the villages' approved LWRP.
(3)
If the Joint Village Coastal Management Commission
cannot identify any conflicts between the proposed town action and
the villages' approved LWRP, the Chairperson shall notify the Town
Planning Director of the villages' findings.
(4)
If the Chairperson does not notify town officials,
in writing, of the villages' finding within 25 days of receipt of
the notification, the town may assume that the proposed action does
not conflict with the villages' approved LWRP.
(5)
If the Chairperson notifies town officials, in writing,
that the proposed action does conflict with the policies and standards
of the villages' approved LWRP, the town shall not proceed with the
action until identified conflicts have been resolved in accordance
with the procedures set forth herein.
The following procedures shall apply whenever
a proposed action conflicts with the policies and standards of the
Villages of Head-of-the-Harbor and Nissequogue LWRP or the Town of
Smithtown LWRP.
A.
The Chairperson of the Joint Village Coastal Management
Commission or the Chairperson's designated representative and the
Supervisor of the Town Board or the Supervisor's designated representative,
within 15 days of written notification of a finding that a proposed
action conflicts with an LWRP policy or standard, may meet to resolve
such conflicts with respect to the consistency of the proposed action
with the relevant LWRP.
B.
If the Chairperson of the Joint Village Coastal Management
Commission or the Chairperson's designated representative and the
Supervisor of the Town Board or the Supervisor's designated representative
can settle the conflicts, with the advice and consent of the Village
Boards, by a mutually agreeable decision and the respective Commission
and Town Board approve of such decision by resolution, the originating
agency may proceed with the implementation of the action. In passing
the resolution approving such decision, the Commission and Town Board
shall act within 15 days from the date of the referral of the proposed
conflict settlement decision; failure to act within this time frame
shall be deemed to be an approval of the action.
C.
If the conflicts cannot be resolved by a mutually
agreeable decision or the Chairperson of the Joint Village Coastal
Management Commission or the Chairperson's designated representative
and the Supervisor of the Town Board or the Supervisor's designated
representative shall fail to have met within the required time as
set forth herein, then the matter shall be referred to the respective
Village Board of Trustees and Town Board for resolution pursuant to
the procedures herein. The municipality which determines that the
proposed action conflicts with its LWRP may prepare and file with
the Clerk of the municipality proposing the action a memorandum of
protest with regard to the inconsistency of the proposed action. The
memorandum of protest must contain a statement indicating the reasons
for the inconsistency of the proposed action and recommend reasonable
alterations, alternatives or modifications to the proposed action.
When such memorandum of protest is filed, the municipality proposing
the action shall not act contrary to such memorandum of protest except
by a vote of majority plus one of all the Board Members thereof. Such
action shall be subject to judicial review pursuant to the law providing
for review of such acts of municipal agencies commenced within 30
days of its adoption or passage.
D.
The Town Board and the Joint Village Coastal Management
Commission may mutually agree to extend any time limitation designated
herein. Failure to act within the time requirements of this Part 1
shall be deemed to be the equivalent of approval of such action by
the nonacting municipality.
This Part 1 shall take effect upon the filing
with the Secretary of State of the State of New York and when the
Villages of Head-of-the-Harbor and Nissequogue shall have in effect
an approved LWRP.
