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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,
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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.