NY Env Conserv L § 57-0119 (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 57-0119 - Central Pine Barrens Joint Planning and Policy Commission.

§ 57-0119. Central Pine Barrens joint planning and policy commission.   1.  It  is  hereby found, determined and declared that the Long Island Central Pine  Barrens  area  is  a  major  resource  area  of  statewide significance   where   the  hydrological  and  ecological  integrity  is endangered; that a public entity  representative  of  town,  county  and state  government  is  necessary  and  appropriate  to  plan, manage and oversee land use within the Central Pine Barrens  area  of  Long  Island Pine  Barrens  Maritime  reserve  in the public interest for present and future generations; and that the Central Pine Barrens joint planning and policy commission created by this section and its purposes  are  in  all respects  for the benefit of the people of the state of New York and are a public purpose.   2. There  is  hereby  established,  the  Central  Pine  Barrens  joint planning  and  policy  commission to consist of five voting members: one member appointed by the governor who will serve at the pleasure  of  the governor  and  four  ex  officio members who are the county executive of Suffolk county, the supervisor of the town of Brookhaven, the supervisor of the town of Riverhead and the supervisor of the town of  Southampton. Each  ex  officio  member  may  appoint  a designated representative, by official authority filed with the commission, to  exercise  his  or  her powers  and  perform  his or her duties, including the right to vote, on the commission. The  commission  shall  elect  one  of  its  members  as chairperson.  Four members shall constitute a quorum for the transaction of any business or  the  exercise  of  any  power  or  function  of  the commission.  An  affirmative  vote  of  three  or  more members shall be required to pass a resolution or otherwise  exercise  any  functions  or powers of the commission, except the adoption of the plan which requires a unanimous vote of the commission.   3. The commission shall hold its initial meeting within thirty days of enactment  of  this  section,  following  public  notice  by  the county executive.   4. Every state agency and public corporation  having  jurisdiction  of land  or  water  within  the  Central  Pine  Barrens area or of programs relating to the purposes and goals of this title shall, to  the  fullest extent  practicable,  offer  full  cooperation  and  assistance  to  the commission in carrying out the provisions of this title.   5. Every local or regional agency  with  activities  relating  to  the Central  Pine  Barrens  area  may  offer assistance to the commission in carrying out the provisions of this title.   6. The commission shall have the power:  (a) To prepare,  adopt,  enforce  and  ensure  implementation  of  the comprehensive land use plan, with the advice of the advisory committee;  (b) To sue and be sued;  (c)  To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and  functions  under  this title;  (d)  To establish and maintain such facilities as may be necessary for the transacting of its business;  (e) To appoint an executive officer, officers, agents, employees,  and prescribe their duties and qualifications and fix their compensation;  (f)  To  utilize  to  the  extent feasible the staff and facilities of existing state and county agencies, pursuant to an agreement to be  made by the state or by the county of Suffolk;  (g)  To  hold  hearings  in  the exercise of its powers, functions and duties provided for by this title;  (h) To contract for professional and technical assistance and advice;  (i) To contract for and to accept any assistance,  including  but  not limited  to  gifts,  grants  or  loans  of funds or of property from the  federal government or any agency or instrumentality thereof, or from any agency or instrumentality of the state, or  from  any  other  public  or private  source  and to comply, subject to the provisions of this title, with the terms and conditions thereof;  (j)  To establish regulations, values, and standards which may include a system of bonuses and incentives in order to purchase, sell, hold  and trade development rights as defined in paragraph a of subdivision one of section  two  hundred  sixty-one-a  of  the town law; such transfers may cross municipal and special district boundaries;  (k) To adopt, amend and repeal, after public hearing  (except  in  the case  of  rules  and  regulations  that  relate  to  the organization or internal  management  of  the  agency),  such  rules  and   regulations, consistent  with  this  title,  as it deems necessary to administer this title, and to do any and all things necessary or  appropriate  to  carry out  the purposes and policies of this title and exercise powers granted by law;  (k-1) To purchase the maximum insurance,  practicable  and  affordable from   revenues   in   the   Pine   Barrens  fund  pursuant  to  section ninety-seven-o of the  state  finance  law,  from  any  duly  authorized insurer  in  this  state,  against  any  liability  subject to indemnity pursuant to subdivision six of section 57-0123 of this chapter;  (k-2) To acquire, hold lands and interest in  land,  and  utilize  the power  of eminent domain within available funds in the Pine Barrens fund pursuant to section ninety-seven-o of the  state  finance  law  or  made available by local, county, or state government;  (l)  To  provide scientific and technical assistance or to make grants to municipalities, towns and the county for revisions  of  local  master plans,  or  the  relevant  ordinances  designed  to bring such plans and ordinances  into  conformance  with  the  comprehensive  land  use  plan prepared  and  adopted  by  the commission. The commission may make such grants from any funds  which  may  be  appropriated  or  otherwise  made available to it for such purpose;  (m)  To  establish  and  maintain  an  education  and outreach program relating to the commission's work;  (n) To convene conferences, seminars, meetings, technical sessions  on its  own or in coordination with federal, state, county, town or private organizations as deemed necessary relative to its responsibilities;  (o) To report periodically to the governor and the legislature on  the conduct  of  its activities not less than once a year, furnishing a copy of each such report to the legislative bodies of Suffolk county and  the towns  and  villages in whole or in part within the Central Pine Barrens area;  (p) To assist local, county and state government in prioritization and negotiation with private landowners whose property is restricted by  the land  use plan, to evaluate the impact of any restrictions and develop a package of benefits; and  (q) To have and exercise such other incidental and usual powers as are necessary and appropriate to carry out its duties.   7. The commission shall within six months of the first meeting of  the commission:  (a) Inventory all private parcels within the core preservation area.  (b)  Upon  completion  of  the  inventory,  notify property owners and assign and calculate the development yield for each property located  in the  core  preservation  area.  Development  yield  may be calculated in accordance with such factors as area, floor  area,  floor  area  ratios, density,  height  limitations  or  other  criteria that will effectively quantify a value for establishing development rights in a reasonable and uniform manner that will carry out the objectives of this title.    8. The commission shall within twelve months of the first  meeting  of the commission:  (a)  Identify  receiving districts within and without the Central Pine Barrens sufficient to receive and transfer of rights and values  of  the core  preservation  area and for the continuation of an adequate program of development rights or development values.  (b)  Consider  the  fiscal  impact  of  the  established  transfer  of development rights and values system.   9.  There  is hereby created a Central Pine Barrens advisory committee to actively  assist  and  advise  the  commission  in  the  preparation, adoption  and  implementation  of the Central Pine Barrens comprehensive land use plan. The committee shall consist of not more than twenty-eight members which shall include  representatives  of  environmental  groups, economic   development   and   real  estate  interests,  farmers,  water suppliers, civic groups, planners, biologists, water quality  scientists and  recreational  interests.  The  members of the committee shall serve without compensation. The initial  members  of  the  advisory  committee shall  include  a  representative  of  the Long Island Association, Long Island Builders Institute, Association For A Better  Long  Island,  Long Island  Board of Realtors, Long Island Farm Bureau, Suffolk County Water Authority, SUNY at Stony Brook, Regional Plan Association,  Long  Island Pine  Barrens Society, Group For The South Fork, The Nature Conservancy, North Fork  Environmental  Council,  Open  Space  Council,  Long  Island Greenbelt  Trail Conference, Environmental Defense Fund, Eastern Suffolk Board of Realtors, Southampton Alliance, South Fork Promotion  Committee or  their  successors  and  interests,  a  member  from  the Long Island regional planning board, two members from the New York state legislative commission  on  water  resource  needs  of  Long  Island  and  a   civic representative  from  each  of  the towns of Southampton, Brookhaven and Riverhead designated by the supervisor thereof.  The  committee  may  be expanded  as necessary to incorporate other interests in the development and preservation of the Central Pine Barrens preserve. Each member shall serve at the pleasure of the entity which designated it.  The  committee by  a majority vote shall elect a chairperson. The commission shall meet periodically with the advisory committee, make available  working  draft and  other  documents,  and  shall  provide  services  to  the  advisory committee as are necessary and appropriate to carry  out  its  functions under this title.