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HomeMy WebLinkAboutTOR RES 608 Y w " rAa ai niomi'nnns rFa'exanessum.. I � Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer January 3, 2017 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on August 16, 2016 Resolution #608-ADOPTS A LOCAL LAW TO AMEND CHAPTER 221 (COMMUNITY PRESERVATION; OPEN SPACE) OF THE RIVERHEAD TOWN CODE TO EXTEND THE EFFECTIVE DATE OF THE COMMUNITY PRESERVATION FUND REAL ESTATE TRANSFER TAX, IMPOSED PURSUANT TO ARTICLE 31-D OF THE STATE TAX LAW, UNTIL DECEMBER 31, 2050 AND TO AUTHORIZE THE USE OF A PORTION OF THE TOWN COMMUNITY PRESERVATION FUND, NOT TO EXCEED 20%, FOR WATER QUALITY IMPROVEMENT PROJECTS, SUBJECT TO MANDATORY REFERENDUM If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 VII WGI GIY, a Diane M. Wilhelm DMW:cd 200 Howell Avenue — Riverhead, New York 11901—(631)727-3200 Ext. 260 -- Fax (631)208-4034 Office of the Town Clerk Diane M. Wilhelm, Town Clerk , Registrar of Vital Statistics Records Management Officer Marriage Officer January 3, 2017 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelm(o)-townofriverheadny.gov or by fax at 631-208-4034. Signature: Date: Town Board Meeting August 16, 2016 2:00 PM ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on August 16, 2016 Resolution #608-ADOPTS A LOCAL LAW TO AMEND CHAPTER 221 (COMMUNITY PRESERVATION; OPEN SPACE) OF THE RIVERHEAD TOWN CODE TO EXTEND THE EFFECTIVE DATE OF THE COMMUNITY PRESERVATION FUND REAL ESTATE TRANSFER TAX, IMPOSED PURSUANT TO ARTICLE 31-D OF THE STATE TAX LAW, UNTIL DECEMBER 31, 2050 AND TO AUTHORIZE THE USE OF A PORTION OF THE TOWN COMMUNITY PRESERVATION FUND, NOT TO EXCEED 20%, FOR WATER QUALITY IMPROVEMENT PROJECTS, SUBJECT TO MANDATORY REFERENDUM ,444� Diane M. Wilhelm Town Clerk DW:co 200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)2084034 08.16.2016 ADOPTED 160608 TOWN OF RIVERHEAD Resolution # 608 ADOPTS A LOCAL LAW TO AMEND CHAPTER 221 (COMMUNITY PRESERVATION; OPEN SPACE) OF THE RIVERHEAD TOWN CODE TO EXTEND THE EFFECTIVE DATE OF THE COMMUNITY PRESERVATION FUND REAL ESTATE TRANSFER TAX, IMPOSED PURSUANT TO ARTICLE 31-D OF THE STATE TAX LAW, UNTIL DECEMBER 31, 2050 AND TO AUTHORIZE THE USE OF A PORTION OF THE TOWN COMMUNITY PRESERVATION FUND NOT TO EXCEED 20%. FOR WATER QUALITY IMPROVEMENT PROJECTS, SUBJECT TO MANDATORY REFERENDUM Councilman Wooten offered the following resolution, which was seconded by Councilwoman Giglio WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider adopting "A Local Law to amend Chapter 221 entitled, "Community Preservation; Open Space" of the Riverhead Town code to extend the effective date of the Community Preservation Fund real estate transfer tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050 and to authorize the use of a portion of the Town Community Preservation Fund, not to exceed 20%, for water quality improvement projects, subject to mandatory referendum; and WHEREAS, a public hearing was held on the 16th day of August 2016 at 7:15 o'clock p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard; and WHEREAS, the Planning Department was directed to prepare a SEQRA Full Environmental Assessment Form Parts 1, 2 and 3, dated July 28, 2016 in compliance with 6NYCRR Part 617 and as a result the Planning Department determined that the proposed action be classified as Unlisted without the need for coordinated review. NOW THEREFORE BE IT RESOLVED, that the Town Board declares itself Lead Agency and determines that the proposed local law "A Local Law to amend Chapter 221 entitled "Community Preservation; Open Space" of the Riverhead Town Code to extend the effective date of the Community Preservation Fund real estate transfer tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050 and to authorize the use of a portion of the Town Community Preservation Fund, not to exceed 20%, for water quality improvement projects" does not have the potential for adverse impacts to the environment; and BE IT FURTHER RESOLVED, that the Town Board, as Lead Agency, hereby issues a negative declaration under SEQRA; and BE IT FURTHER RESOLVED , that the Town Board adopts "A Local Law to amend Chapter 221 entitled "Community Preservation; Open Space" of the Riverhead Town Code to extend the effective date of the Community Preservation Fund real estate transfer tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050 and to authorize the use of a portion of the Town Community Preservation Fund, not to exceed 20%, for water quality improvement projects", subject to mandatory referendum; and BE IT FURTHER RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached notice of adoption once in the News Review, the official newspaper, and to post same on the signboard at Town Hall; and BE IT FURTHER RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device, and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Hubbard ®Yes ❑No Giglio ZYesE]No Wooten ZYesE:]No Dunleavy ZYesF-]No Walter ZYesF-]No The Resolution Was Z Thereupon Duly Declared Adopted TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead adopted A Local Law to amend Chapter 221 entitled "Community Preservation; Open Space" of the Riverhead Town Code to extend the effective date of the Community Preservation Fund real estate transfer tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050 and to authorize the use of a portion of the Town Community Preservation Fund, not to exceed 20%, for water quality improvement projects, subject to mandatory referendum at its meeting held on August 16, 2016. Be it enacted by the Town Board of the Town of Riverhead as follows: TOWN OF RIVERHEAD LOCAL LAW NO. -2016 A LOCAL LAW in relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed pursuant to Article 31-D of the State Tax Law, in connection with the Town Community Preservation Fund for an additional twenty (20) years until December 31, 2050 and creating a new category of eligible projects for funding through Community Preservation Fund, not to exceed 20%, for water quality improvement projects, including wastewater treatment, aquatic habitat restoration and pollution prevention projects. Chapter 221. Community Preservation; Open Space Article V. Amendment to and Extension of Effective Date for Peconic Bay Community Preservation Fund 221-34. Legislative findings. A. The Town Board hereby finds that in 1998, the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized towns in the Peconic Bay Region to establish community preservation funds for the purpose of preserving land for open space, farmland preservation, historic preservation, and parks and recreation purposes. The revenue for said fund was to be derived from a two-percent real estate transfer tax. This Town Board, by Local Law No. 14 of 1998, did implement the provisions of Chapter 114 of the Laws of 1998. Said local law was approved by the electors of the Town in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said local law, the Town Community Preservation Fund went into effect on April 1, 1999. B. The Town Community Preservation Fund has been an unparalleled success in preserving land for parks and conservation purposes. From 1999, through on or about 2015, the Community Preservation Fund in the Peconic Bay Region has generated z1 billion dollars with more than 10,000 acres of open space and farmland preserved for the public benefit. C. The authorization for the two-percent real estate transfer tax was original) set et to expire at the end of the year 2010. The State Legislature, by the enactment of Cha tomer 250 of the Laws of 2002, authorized the towns to extend the expiration date of the tax until December 31, 2020, subject to mandatory referendum. The Town Board in 2002 did enact a local law which provided for such extension. The voters approved the local law at the general election held November 5, 2002. Again in 2006, the State Legislature, by the enactment a chapter of the Laws of 2006, authorized the towns to extend the expiration date of the tax until the end of the year 2030. The Town Board in 2006 did enact a local law which provided for such extension until 2030. The voters approved the local law at the general election held November 7, 2006. D. In 2015, the State Legislature approved and the governor signed into law, Chapter 551 of the Laws of 2015, amending the Town Law in relation to the Peconic Bay Community Preservation Fund and Chapter 114 of the Laws of 1998 amending the Town Law and other laws relating to authorizing certain towns in the Peconic Bay region to establish Community Preservation Funds to extend the 2% real estate transfer tax from December 31, 2030 to December 31, 2050 and creatinq a new category of eligible funding for water quality improvement protects including but not limited to: wastewater treatment: aquatic habitat restoration: and pollution prevention. It further allows the town boards of any town within the Peconic Bay region (East Hampton, Riverhead, Shelter Island, Southampton and Southold) to utilize a maximum of 20% of the CPF to finance the implementation of water quality improvement projects. The CPF water quality improvement funds could be used to match any federal, state, county o other funds up to a maximum of 10% of water quality improvement funding for the operation of the Peconic Bay National Estuary Program (PEP). E. This article implements the twenty-year extension and creates a new category o eligible funding for water quality improvement projects. 221-35. Definitions. As used in this article, the following words and terms shall have the following meanings: (a) "Water quality improvement project" means: (1) wastewater treatment improvement projects; (2) non-point source abatement and control program projects developed pursuant to Section Eleven-B of the Soil And Water Conservation Districts Law, Title 14 of Article 17 of the Environmental Conservation Law, Section 1455b of the Federal Coastal Zone Management Act, or Article Forty-Two of the Executive Law; (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. Such projects shall have as their purpose the improvement of existing water quality to meet existing specific water quality standards. Projects which have as their purpose the accommodation of new growth shall not be included within this definition. (b) "Wastewater treatment improvement proiect" means 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 promect 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. (c) "Aquatic habitat restoration project" means the planning, design, construction, management, maintenance, reconstruction, revitalization, o 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, miaratory, Hestina, breeding, feeding, or foraging environment for fish and wildlife and other biota. (d) "Pollution prevention proiect" means 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. (e) "Stormwater collecting system" means 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. (f) "Vessel pumpout station" means a proiect for the planning, design, acquisition or construction of a permanent or portable device capable of removing human sewage from a marine holding tank. 221-36. Authority. 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 twenty (20) percent 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 ten (10) percent of the annual amount appropriated for water quality improvement projects. § 221-37. Community Preservation Fund Project Plan. 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 proiects as defined in this Article, all such proiects shall be approved by the Town Board as part of the Community Preservation Fund Project Plan, adopted pursuant to Section 64-e of the Town Law and Article I of this Chapter. C. Said plan shall prioritize each proiect to be undertaken pursuant to this Chapter, establish priorities for preservation and shall include farmland as its highest priority. D. Said plan shall list every water quality improvement proiect which the Town plans to undertake pursuant to the Community Preservation Project Plan and shall state how such proiect would improve existing water quality. Protects 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 Article or such other provisions of this Chapter. E. The proposed water quality improvement project shall be for the Planning, design, or implementation of a project with a probable useful life of at least five (5) 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. § 221-38. Certification. In addition, no monies from the Community Preservation Fund shall be expended for a water quality improvement project by the Town, unless such proiect 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 proiect shall be for the planning, design, or implementation of a capital project with a probable useful life of at least five (5) 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 proiect 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. The Town Board shall not certify projects which solely accommodate new or additional growth. -4221-39. The real estate transfer tax implemented by Article 11 of Chapter 221 (Community Preservation; Open Space) pursuant to Article 31-D of the State Tax Law, is hereby extended until December 31, 2050. -4 221-40. Mandatory Referendum. The provisions of this local law are subiect to mandatory referendum pursuant section 23 of the New York Municipal Home Rule Law, as provided for by Section 3 of Chapter 551 of the Laws of 2015. -4 221-41. Proposition. Pursuant to Chapter 551 of the Laws of 2015 and Section 23 of the New York Municipal Home Rule Law, the following Proposition shall be placed before the electors of the Town of Riverhead at the general election to be held on November 8, 2016: "Shall a Local Law entitled 'A LOCAL LAW amending Chapter 221 (Community Preservation, Open Space) of the Town Code of the Town of Riverhead, (1) in relation to extending the effective date of the real estate transfer tax imposed to benefit the Town Community Preservation Fund until December 31, 2050 and (2) authorizing the use of a portion of such Town Community Preservation Fund, not to exceed 20%, far water quality improvement projects' BE APPROVED? § 221-42. Severability. If any clause, sentence, Para-graph, section, or part of this article shall be adjudged b any court of competent jurisdiction to be invalid, such ludgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. 4 221-43. Effective date. This article shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 8, 2016 by the affirmative vote of the qualified electors of the Town upon the proposition set forth in � 221-41 of this article. • Underline represents additions Dated: Riverhead, New York August 16, 2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK Town of Riverhead Local Law#38-2016 TOWN OF RIVERHEAD LOCAL LAW NO. 38-2016 A LOCAL LAW in relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed pursuant to Article 31'-D of the State Tax Law, in connection with the Town Community Preservation Fund for an additional twenty (20) years until December 31, 2050 and creating a new category of eligible projects for funding through Community Preservation Fund, not to exceed 20%, for water quality improvement projects, including wastewater treatment, aquatic habitat restoration and pollution prevention projects. Chapter 221. Community Preservation; Open Space Article V. Amendment to and Extension of Effective Date for Peconic Bay Community Preservation Fund § 221-34. Legislative findings. A. The Town Board hereby finds that in 1998, the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized towns in the Peconic Bay Region to establish community preservation funds for the purpose of preserving land for open space, farmland preservation, historic preservation, and parks and recreation purposes. The revenue for said fund was to be derived from a two-percent real estate transfer tax. This Town Board, by Local Law No. 14 of 1998, did implement the provisions of Chapter 114 of the Laws of 1998. Said local law was approved by the electors of the Town in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said local law, the Town Community Preservation Fund went into effect on April 1, 1999. B. The Town Community Preservation Fund has been an unparalleled success in preserving land for parks and conservation purposes. From 1999, through on or about 2015, the Community Preservation Fund in the Peconic Bay Region has generated $1 billion dollars with more than 10,000 acres of open space and farmland preserved for the public benefit. C. The authorization for the two-percent real estate transfer tax was originally set to expire at the end of the year 2010. The State Legislature- by the enactment of C'h;:Infor 250 of the Laws of 2002, authorized the towns to extend the expiration date of the tax until December 31, 2020, subject to mandatory referendum. The Town Board in 2002 did enact a local law which provided for such extension. The voters approved the local law at the general election held November 5, 2002. Again in 2006, the State Legislature, by the enactment a chapter of the Laws of 2006, authorized the towns to extend the expiration date of the tax until the end of the year 2030. The Town Board in 2006 did enact a local law which provided for such extension until 2030. The voters approved the local law at the general election held November 7, 2006. D. In 2015, the State Legislature approved and the governor signed into law, Chapter 551 of the Laws of 2015, amending the Town Law in relation to the Peconic Bay Community Preservation Fund and Chapter 114 of the Laws of 1998 amending the Town Law and other laws relating to authorizing certain towns in the Peconic Bay region to establish Community Preservation Funds to extend the 2% real estate transfer tax from December 31, 2030 to December 31, 2050 and creating a new category of eligible funding for water quality improvement projects including but not limited to: wastewater treatment; aquatic habitat restoration; and pollution prevention. It further allows the town boards of any town within the Peconic. Bay region (East Hampton, Riverhead, Shelter Island, Southampton and Southold) to utilize a maximum of 20% of the CPF to finance the implementation of water quality improvement projects. The CPF water quality improvement funds could be used to match any federal, state, county or other funds up to a maximum of 10% of water quality improvement funding for the operation of the Peconic Bay National Estuary Program (PEP). E. This article implements the twenty-year extension and creates a new category of eligible funding for water quality improvement projects, § 221-35. Definitions. As used in this article, the following words and terms shall have the following meanings: (a) "Water quality improvement project" means: (1) wastewater treatment improvement projects; (2) non-point source abatement and control program projects developed pursuant to Section Eleven-B of the Soil And Water Conservation Districts Law, Title 14 of Article 17 of the Environmental Conservation Law, Section 1455b of the Federal Coastal Zone Management Act, or Article Forty-Two of the Executive Law; (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. 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 primary purpose to permit or accommodate new growth shall not be included within this definition. (b) "Wastewater treatment improvement- project" means 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. A I 11 U -y'l-e Town Board for the upgrade Of L L) I e I UL U1 I r,%n it or rebate progra�i► establist 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. (c) "Aquatic habitat restoration project" means 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. (d) "Pollution prevention project" means 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. (e) "Stormwater collecting system" means 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. (f) "Vessel pumpout station" means 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. § 221-36. Authority. 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 twenty (20) percent 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 ten (10) percent of the annual amount appropriated for water quality improvement projects. § 221-37. Community Preservation Fund Project Plan. 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 Section 64-e of the Town Law and Article I of this Chapter. C. Said plan shall prioritize each project to be undertaken pursuant to this Chapter, establish priorities for preservation and shall include farmland as its highest priority. D. Said plan shall list every water quality improvement project which the Town plans to undertake pursuant to the Community Preservation Project Plan and shall state how such project would improve existing 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 Article or such other provisions of this Chapter. E. The proposed water quality improvement project shall be for the planning, design, or implementation of a project with a probable useful life of at least five (5) 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. § 221-38. Certification. 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 (5) 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. The Town Board shall not certify projects which solely accommodate new or additional growth. § 221-39. The real estate transfer tax implemented by Article 11 of Chapter 221 (Community Preservation; Open Space) pursuant to Article 31-D of the State Tax Law, is hereby extended until December 31, 2050. § 221-40. Mandatory Referendum. The provisions of this local law are subject to mandatory referendum pursuant section 23 of the New York Municipal Home Rule Law, as provided for by Section 3 of Chapter 551 of the Laws of 2015. § 221-41. Proposition. Pursuant to Chapter 551 of the Laws of 2015 and Section 23 of the New York Municipal Home Rule Law, the following proposition shall be placed before the electors of the Town of Riverhead at the general election to be held on November 8, 2016: "Shall a Local Law entitled 'A LOCAL LAW amending Chapter 221 (Community Preservation; Open Space) of the Town Code of the Town of Riverhead, (1) in relation to extending the effective date of the real estate transfer tax imposed to benefit the Town Community Preservation Fund until December 31, 2050 and (2) authorizing the use of a portion of such Town Community Preservation Fund, not to exceed 20%, for water quality improvement projects' BE APPROVED? § 221-42. Severability. If any clause, sentence, paragraph, section, or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 221-43. Effective date. This article shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 8, 2016 by the affirmative vote of the qualified electors of the Town upon the proposition set forth in § 221-41 of this article.