NY Env Conserv L § 57-0121 (2021)
2021 New York Laws ENV - Environmental Conservation Article 57 - Long Island Pine Barrens Maritime Reserve Act Title 1 - Long Island Pine Barrens Maritime Reserve Act 57-0121 - Central Pine Barrens Comprehensive Land Use Plan; Interim Regulations.

§ 57-0121. Central  Pine  Barrens comprehensive land use plan; interim                regulations.   1. As soon as practicable and within twelve months  of  the  effective date  of this section, the commission shall, after consultation with the advisory  committee,  prepare  or  cause  to   be   prepared   a   draft comprehensive  land  use plan and generic environmental impact statement thereon which shall be part of the plan for  the  Central  Pine  Barrens area.  The  land use plan shall be designed to preserve the Pine Barrens ecology and to ensure the high quality of groundwater within the Central Pine Barrens area and to balance the public  and  private  interests  in development  and  in  protection  of the Pine Barrens ecology consistent with the objectives of the land use plan. Where local plans  exist,  the commission  shall  evaluate and incorporate such plans as is appropriate in the land use plan.   2. The land use plan for  the  Central  Pine  Barrens  area  shall  be designed to:  (a) protect, preserve and enhance the functional integrity of the Pine Barrens ecosystem and the significant natural resources, including plant and animal populations and communities, thereof;  (b) protect the quality of surface water and groundwater;  (c) discourage piecemeal and scattered development;  (d)   promote   active  and  passive  recreational  and  environmental educational uses that are consistent with the land use plan; and  (e) accommodate development, in a manner consistent with the long term integrity of the Pine Barrens ecosystem and to ensure that  the  pattern of development is compact, efficient and orderly.   3.  The land use plan with respect to the core preservation area shall be  designed  to  protect  and  preserve  the  ecologic  and  hydrologic functions of the Pine Barrens by:  (a)  preserving  the  Pine Barrens area in their natural state thereby insuring the continuation of Pine Barrens environments which contain the unique and  significant  ecologic,  hydrogeologic  and  other  resources representative of such environments;  (b)  promoting  compatible  agricultural, horticultural and open space recreational uses within the framework of  maintaining  a  Pine  Barrens environment and minimizing the impact of such activities thereon;  (c) prohibiting or redirecting new construction or development;  (d)  accommodating specific Pine Barrens management practices, such as prescribed burning, necessary to maintain the  special  ecology  of  the preservation area;  (e) protecting and preserving the quality of surface and groundwaters; and  (f)  coordinating  and  providing  for the acquisition of private land interests as appropriate and consistent with available funds.   4. The land use plan with respect to the compatible growth areas shall be designed to:  (a) preserve and maintain the essential character of the existing Pine Barrens environment,  including  plant  and  animal  species  indigenous thereto and habitats therefor;  (b) protect the quality of surface and groundwaters;  (c) discourage piecemeal and scattered development;  (d)   encourage   appropriate   patterns  of  compatible  residential, commercial,  agricultural,  and  industrial  development  in  order   to accommodate   regional   growth  influences  in  an  orderly  way  while protecting  the  Pine  Barrens  environment  from  the  individual   and cumulative adverse impacts thereof;  (e)   accommodate   a  portion  of  development  redirected  from  the preservation area. Such development may be redirected  across  municipal boundaries; and  (f)  allow  appropriate  growth  consistent  with the natural resource goals pursuant to this title.   5. Preparation of the land use plan shall be based  on  the  following planning studies and reports:  (a)  Previously  undertaken  and  current  groundwater  and ecological studies pertaining to the  reserve,  generally,  and  the  Central  Pine Barrens area, specifically;  (b)  General  planning  studies  of  the  reserve,  generally, and the Central Pine Barrens area, specifically, including but not limited to:  (i) population and population distribution;  (ii) amount,  type,  intensity,  and  general  location  of  commerce, industry and agricultural production;  (iii) amount, type, quality, and general location of housing;  (iv)  general  location  and  extent  of existing or currently planned major transportation, utility, and community facilities;  (v) amount,  general  location,  and  interrelationship  of  different categories of land use;  (vi)  areas,  sites,  or  structures  of  historical,  archaeological, architectural, or scenic significance;  (vii) natural resources, including air, water, open  spaces,  forests, soils,   rivers,  wetlands  and  other  waters,  shorelines,  fisheries, wildlife, vegetation, threatened species, and minerals; and  (viii) any other matter found to  be  important  to  preservation  and future development.  (c)  Scientific research prepared for other hydrological or ecological areas analogous to the reserve, generally, and the Central Pine  Barrens area  specifically.  Such  studies  and reports may include, but are not limited to those undertaken by the New Jersey  Pinelands  commission  or Cape Code commission.  (d)  Public  improvement studies including but not limited to the area or subareas within the Central Pine Barrens area or  outside  such  area having  an aggregation of sites with development potential to facilitate application of transfer of development rights that could create the need for new public improvements and/or public improvement expansions;  (e) Advisory committee recommendations or reports.   6. The land use plan shall provide for, address and include but not be limited to the following:  (a) Statements of objectives, policies and standards as  they  pertain to the purposes of this title and the land use plan.  (b) A map depicting the core preservation area.  (c)  A  map  depicting  compatible  growth  areas  in the Central Pine Barrens area where orderly and  environmentally  compatible  development can be encouraged and to which development potential within the preserve may be transferred.  (d)  A  phased  public  improvement  element  for providing the public facilities  necessary  for  carrying  out  the  goals   for   the   core preservation and compatible growth areas.  (e)  Identification  and mapping of critical resource areas within the Central  Pine  Barrens  area  which  are  of   regional   or   statewide significance.  Such  areas  shall  include  fragile  lands,  significant shorelands  of  rivers,  lakes,  and   streams;   freshwater   wetlands; significant  wildlife  habitats; unique scenic or historic features; and rare or valuable ecosystems  and  geological  formations  which  are  of regional or statewide significance.  (f)  Identification  of  sending  districts  in  core preservation and compatible growth areas and receiving  districts  in  compatible  growth areas  and  outside  the  Central  Pine  Barrens area for the purpose of providing for the transfer of development rights and values  to  further the  preservation  and  development  goals  of  the  land  use  plan and methodologies and standards for procedural equity and appropriate values in establishing rights and values  consistent  with  the  provisions  of section two hundred sixty-one-a of the town law.  (g) Identification of land suitable for agricultural use and necessary and  appropriate  strategies  to  protect  land  capable of agricultural production.  (h) Development criteria and performance standards.  (i)  An  intergovernmental  coordination  and  consistency   component establishing the ways in which state and local programs and policies may best  be  coordinated to promote the goals and implement the policies of the land use plan.  (j) A financial component analyzing the public and  private  costs  of developing and implementing the land use plan which shall include:  (i)  detailed  costs  including those for infrastructure improvements, acquisition of fee simple or other interests in lands  for  preservation or  recreation purposes, compensation guarantees, general administrative costs and any anticipated extraordinary or continuing costs; and  (ii) the source of revenue for covering such costs, including, but not limited to, grants, donations and loans from local,  state  and  federal departments and agencies and from the private sector.  (k)  A program for state, county and local governmental implementation of the comprehensive land use plan and the various elements thereof in a manner  that  will  insure  the  continued,  uniform,   and   consistent protection  of  the  Pine  Barrens  ecosystem and development objectives including:  (i) minimum standards for the adoption, as required in this title,  of municipal   and  county  plans,  codes  and  ordinances  concerning  the development and use of land including, but not limited to, standards for minimum lot sizes, site  clearance  and  wetland  setbacks,  appropriate population  and  densities and regulated or prohibited uses for specific portions of  the  Pine  Barrens  area  and  procedures  for  determining hardship consistent with the purposes and provisions of this title;  (ii)  guidelines  and  standards  for  review  of projects of regional significance which because of scale of intensity of use or location  are likely to impede implementation of the land use plan; and  (iii)  guidelines  for  consistency  with  the land use plan by state, county and local agencies.  (l) Professional staffing requirements necessary to carry out the land use plan.  (m)  Land  protection  mechanisms,  including,  but  not  limited  to, acquisition,   conservation  easements,  rights  and  values  transfers, purchase of development rights, donations and clustering,  planned  unit development, land trusts, exchanges between privately and publicly owned lands, or other zoning activities consistent with the provisions of this title.  (n)  Provisions  for  use of best management practices, in all natural resource-dependent  commercial  and  industrial  activities,   including agriculture, horticulture and related activities.  (o) Provisions for restoration of natural and cultural resources where such resources have been damaged, lost, or otherwise impaired. Such work shall  address  restoration  of  Pine Barrens habitats, stream and shore revitalization,    historic    structures,    traditional     industries demonstration  programs,  and strengthening of community character which  will be consistent with the provisions of the  comprehensive  management plan pursuant to section 57-0115 of this title.  (p)  Provisions for cumulative impact analyses, both environmental and economic,  for  the  effects  of  development,  preservation,  financial policies  and  related  factors  upon the Central Pine Barrens area, its private and public open space, its residents  and  constituents,  school and  other special districts, and other pertinent aspects or demographic sectors.  (q) Recommendations for further legislation at the state, county,  and local  levels  as  may be necessary to fully implement the provisions of this title.  (r) Provisions for management and stewardship of natural and  cultural resources  which  shall  include  coordination by owners of public lands which will be  consistent  with  the  provisions  of  the  comprehensive management plan pursuant to section 57-0115 of this title.  (s)  Provisions  for  appropriate  and  relevant  scientific  research relating to the species, ecological communities and  processes,  natural landscape features, and surface and groundwater resources of the Central Pine Barrens necessary to ensure and enhance the long-term management of the  preserve.  Such  research  may be addressed in a cooperative effort with the state university  of  New  York  at  Stony  Brook  through  its biological  research  station,  established by the department of ecology and evolution.  (t) Provisions for fire management for controlled, prescribed burning, and responses to unanticipated fires. This  shall  include  coordination among the department and local fire departments.  (u) Description of developments of regional significance.   The land use plan shall also, as funds permit, provide for a follow-up plan to be undertaken by the commission for a partnership infrastructure and  sustainable development plan for the reserve. Based on the land use plan and the comprehensive management plan, such follow up plan shall be designed to (i) coordinate the activities of all  governmental  entities in   the  provision  of  infrastructure  necessary  to  support  orderly development in the compatible growth areas and  support  of  sustainable development  in the reserve outside of the preserve; and (ii) coordinate and focus investment in sustainable development efforts.   7. Notwithstanding any provision contrary to any other  provisions  of article  eight  of this chapter, the commission shall be the lead agency for the generic environmental impact statement which is part of the land use plan. Such generic environmental impact statement shall be  prepared in accordance with the provisions of article eight of this chapter.   8.  In  order to effectuate the purposes and provisions of this title, no person, public corporation or the state shall undertake or  otherwise engage  in  development  within  the  Central Pine Barrens area prior to approval and implementation of the land use plan except as  provided  by this section. No amendments to the existing town or village zoning laws, ordinances  or regulations affecting development within the Central Pine Barrens area shall take effect prior to the approval  of  the  land  use plan  as  provided  in  this chapter except that a town may as part of a zoning ordinance adopted pursuant to article sixteen of the town law  or by  local law pursuant to other enabling law, provide for a planned unit development or planned development district ordinance for a  development for  which the designated lead agency, on or before June first, nineteen hundred ninety-three, accepted a draft environmental impact statement or draft generic environmental impact statement under article eight of this chapter. The provisions of this section shall not apply  to  development in the compatible growth area for which:  (a)  the  designated  lead  agency,  on or before June first, nineteen hundred ninety-three, accepted a draft environmental impact statement or draft generic environmental impact statement  or  issued  a  conditioned negative  declaration  or  a negative declaration under article eight of this chapter, or  (b) all required municipal and state permits and approvals were issued on  or  before  June first, nineteen hundred ninety-three (except that a building permit need not have been issued by said date), or  (c) The designated lead agency, after  June  first,  nineteen  hundred ninety-three  and prior to ninety days immediately following adoption of this section or as extended at the discretion of the commission  in  its interim  rules  and regulations adopted pursuant to section nine herein, issues on an active application a conditioned negative declaration or  a negative  declaration under article eight of this chapter and which does conform to the use and lot area requirements of the zoning in effect  in the  relevant municipality on June first, nineteen hundred ninety-three, and does not necessitate a use variance. Notwithstanding the  foregoing, in  the  event  a commissioner within thirty days of receiving notice of said issuance requests review of the action by the full commission,  the development  shall  be  subject to the interim rules and regulations and reviewed as provided for in section nine herein.   In the event that an event referred to herein (acceptance of  a  draft environmental  impact  statement  or  draft generic environmental impact statement; issuance of a conditioned negative  declaration  or  negative declaration;  or  issuance of a required permit or approval) is annulled or vacated by a court of competent jurisdiction and such judicial action has not been reversed by a superior court, then, for  purposes  of  this section, such event shall be deemed not to have taken place.   Notwithstanding  any  other  provision  of  law, any development which includes land within the core preservation area for which the designated lead agency, on or before June  first,  nineteen  hundred  ninety-three, accepted  a  draft  environmental  impact  statement  or  draft  generic environmental impact statement shall not require a supplemental draft or generic environmental impact  statement  under  article  eight  of  this chapter  solely  because  such development includes land within the core preservation area.   9. Within three months of the effective  date  of  this  section,  the commission shall publish interim goals and standards for development and for  hardship  before  the  land  use  plan is implemented in compatible growth areas  identified  in  the  map.  The  commission  may  vary  the procedures  and  time  periods for compliance with article eight of this chapter as necessary and appropriate to  comply  with  the  three  month deadline  of  this  subdivision.  Upon such publication, development may proceed in such  compatible  growth  areas  subject  to  existing  laws, regulations  and  approval  procedures  and  subject  to  the review and approval  of  the  commission.  Any  person,  the  state  or  a   public corporation applying for development in such compatible growth areas who has  received  all  necessary local and state approvals may petition the commission for approval of the development. Within  thirty  days  of  an application  being  received, the commission shall provide the applicant and any other interested party an opportunity to  be  heard.  Notice  of such  hearing  shall  be  published  in  a  newspaper  having  a general circulation in the Central Pine Barrens area, and notice of such hearing shall also be given by  registered  mail  to  the  chief  administrative officer  of  each  town  and  village within whose boundary any proposed development is located. If the proposed development is  consistent  with the  commission's  interim  goals  and  standards,  the commission shall approve the development and may include conditions for approval. If  the  applicant seeks an exemption based upon a demonstration of hardship, the commission  may  approve  development in the compatible growth area upon the finding that such interim goals and standards caused an  unnecessary hardship.  In  making  such  finding  the  commission shall consider the criteria  for  a  use  variance  pursuant   to   section   two   hundred sixty-seven-b  of  the  town  law.  The  commission must make a decision within one hundred twenty days of receipt of a complete application.  If the  commission fails to make a decision within one hundred twenty days, the development shall be deemed to be approved by the commission, unless extended by mutual agreement of the applicant and commission.   10. Any person, the state or a public corporation upon  a  showing  of hardship  caused  by the provisions of subdivision eight of this section on  development  in  the  core  preservation  area,  may  apply  to  the commission  for  a permit exempting such applicant from such subdivision eight  in  connection  with  any  proposed  development  in   the   core preservation  area.  Such  application  for an exemption pursuant to the demonstration of hardship within the core  preservation  area  shall  be approved  only  if  the  person  satisfies  the following conditions and extraordinary hardship or compelling public need is determined  to  have been established under the following standards or for development by the state or a public corporation or proposed for land owned by the state or a  public  corporation compelling public need is determined to have been established under the following standards:  (a) The  particular  physical  surroundings,  shape  or  topographical conditions  of  the  specific  property  involved  would  result  in  an extraordinary hardship, as distinguished from a mere  inconvenience,  if the  provisions  of  this  act are literally enforced. A person shall be deemed to have established the existence of extraordinary hardship  only if  he  or  she  demonstrates, based on specific facts, that the subject property does not have any beneficial use if used for its present use or developed as authorized by the provisions of this title, and  that  this inability  to  have  a  beneficial use results from unique circumstances peculiar to the subject property which:  (i) Do not  apply  to  or  affect  other  property  in  the  immediate vicinity;  (ii)  Relate  to  or  arise  out of the characteristics of the subject property rather than the personal situation of the applicant; or  (iii) Are not the result of any action or inaction by the applicant or the owner or his or her predecessors in title including any transfer  of contiguous  lands  which  were  in  common ownership on or after June 1, 1993.  (b) A person, the state or a public corporation  shall  be  deemed  to have  established  compelling public need if the applicant demonstrates, based on specific facts, one of the following:  (i) The proposed development will serve an essential health or  safety need  of  the  municipalities  in the Central Pine Barrens such that the public health and safety require the requested waiver, that  the  public benefits  from  the  proposed  use are of a character that overrides the importance  of  the  protection  of  the  core  preservation   area   as established  in  this  title, that the proposed use is required to serve existing needs of the residents, and that no feasible alternatives exist outside the core preservation area to meet the established  public  need and that no better alternatives exist within the county; or  (ii)  The  proposed  development  constitutes  an adaptive reuse of an historic resource designated by the commission and  said  reuse  is  the minimum   relief   necessary  to  ensure  the  integrity  and  continued protection of the designated historic  resource  and  further  that  the  designated historic resource's integrity and continued protection cannot be maintained without the granting of a permit.  (c) An application for a permit in the core preservation area shall be approved  only  if  it  is  determined  that  the  following  additional standards also are met:  (i) The granting of the permit will not be materially  detrimental  or injurious  to  other  property  or improvements in the area in which the subject property is located,  increase  the  danger  of  fire,  endanger public  safety  or  result in substantial impairment of the resources of the core preservation area;  (ii) The waiver will not be inconsistent with the purposes, objectives or the general spirit and intent of this title; or  (iii) The waiver is  the  minimum  relief  necessary  to  relieve  the extraordinary  hardship, which may include the granting of a residential development right to other lands in the compatible growth area that  may be  transferred  or  clustered  to those lands to satisfy the compelling public need.   Any waiver or exemption granted under  the  provisions  of  this  part shall  only  be  considered  an  exemption  or  waiver of the particular standard of this  title  which  the  commission  waived.  It  shall  not constitute  an approval of the entire development proposal. Nor shall it constitute a waiver from any requirements contained  within  any  local, county or state law or ordinance.   Within  thirty  days of the application being received, the commission shall  provide  the  applicant  and  any  other  interested   party   an opportunity  to  be  heard.  Notice  of  any public hearing conducted in connection with an application for such a permit shall be published in a newspaper of general circulation in the Central Pine  Barrens  area.  If the  proposed development is not contrary to the policy or any provision of this title and meets  the  standards  of  extraordinary  hardship  or public  need  herein, and the commission so finds, it may issue a permit allowing the development or  such  development  subject  to  appropriate conditions  or  modifications  to occur, provided that permission may be revoked by the commission  if  its  terms  are  violated,  and  provided further  that any such hardship permit issued by the commission shall be in addition to, and not in lieu of, such permit or  permits  as  may  be required  by any state agency or municipality within whose boundary such development is located. The time within which the commission must decide a core preservation area  hardship  application  for  which  a  negative declaration has been made by the commission pursuant to article eight of this   chapter   is  one  hundred  twenty  days  from  receipt  of  such application. The time within which the commission  must  decide  a  core preservation  area hardship application for which a positive declaration has been made by the  commission  pursuant  to  article  eight  of  this chapter  is  sixty  days  from  issuance  of a findings statement by the commission pursuant to article eight of this chapter. If the  commission fails  to  make  a  decision  within  the  aforesaid  time  periods, the development shall be deemed to be approved  by  the  commission,  unless extended by mutual agreement of the applicant and commission.   11. In preparation of the land use plan, the commission shall:  (a)  consult  with  appropriate  officials  of  any regional, state or federal agency which has jurisdiction over lands and waters  within  the Central Pine Barrens area;  (b)   consult  with  the  officials  of  any  municipality  which  has jurisdiction over lands and waters within the Central Pine Barrens area;  (c) consult with interested  professional,  scientific  and  citizens' organizations; and  (d) consult with citizens' committees.    12.  Following consultation with the advisory committee and within the twelve month period established therefor, the commission  shall  publish the  draft  land  use plan. Within three months of such publication, the commission shall hold public informational  meetings  in  the  towns  of Brookhaven,  Riverhead  and  Southampton and at least one public hearing within the Central Pine Barrens area. During this period the  commission shall  receive  and  review  comments on the draft land use plan-generic environmental impact statement from state and local governments and  the public and within three months, the commission shall recommend a revised comprehensive  land  use  plan  pursuant to this title to the respective town boards of such towns for their ratification  and  adoption.  Within two  months  of  the  commission recommending the plan to the respective town boards, the town boards shall perform a comprehensive review of the plan and shall provide final comments to the commission. The  commission at  its  discretion  may  modify  the  plan  as  requested  by  the town representatives. After modifying the plan as necessary,  the  commission shall   prepare   a  draft  supplemental  generic  environmental  impact statement and a final generic environmental impact  statement,  and  the towns  and  commission  shall  adopt the necessary statement of findings pursuant to article eight of this chapter. Ratification and adoption  of the  plan  by  the town boards of Brookhaven, Riverhead, and Southampton shall represent commitment to implementation of the provisions contained therein. Upon  ratification  and  adoption  by  such  three  towns,  the commission  itself  will  formally  adopt the plan-generic environmental impact statement and its provisions shall be in full force. Adoption  by the  commission shall only be upon the signature of the governor, county executive of Suffolk county,  supervisor  of  the  town  of  Brookhaven, supervisor  of  the  town  of  Riverhead  and  supervisor of the town of Southampton.   13. Not less than once every five years after the land  use  plan  has become  effective, the commission shall review and, if appropriate, make amendments to the land use plan and update the generic impact statement. Within each such period, the commission shall hold a public hearing  and shall  receive  comments  on  the effectiveness of implementation of the land use plan. Not less than thirty days before voting on  an  amendment to  the  land use plan, the commission shall publish notice thereof in a newspaper of general circulation in the Central Pine Barrens area.