New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIX - Central Pine Barrens Joint Planning And Policy Commission › Part 2350 - Interim Goals And Standards For The Compatible Growth Area Of The Central Pine Barrens › Section 2350.3 - Policies and standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Groundwater.
Nitrate-nitrogen, a contaminant which emanates
				from numerous types of land uses, is a recognized indicator of groundwater
				quality. Primary factors determining the concentration of nitrogen loading are
				the area of fertilized turf and the density of dwelling units generating sewage
				effluent. The Suffolk County Department of Health Services abides by the State
				of New York nitrate-nitrogen standard for drinking water from public wells of
				10 ppm. The use of a 6 ppm standard provides a 90 percent confidence level that
				the NYS standard of 10 ppm will not be exceeded beneath any project site.
				Development proposals must not exceed the nitrogen loading factor of 6 ppm on
				the site. All development proposals must conform to article 6 of the Suffolk
				County Sanitary Code. Sewage treatment plants will be recommended for
				subdivisions in Hydrogeologic Zones III, V, and VI where the proposed overall
				density is greater than 1 unit per acre and the size of the proposed
				development justifies their use.
(b)
Wetlands.
Freshwater
				wetlands which exist within the Pine Barrens are considered to be an important
				natural resource providing for flood and erosion control, the filtering of
				contaminants and sediments from storm water runoff, and the habitat for plants
				and wildlife. Development proposals where freshwater wetlands exist must be
				protected by a minimum 100 foot non- disturbance buffer area (measured
				horizontally from the wetland edge as mapped by the New York State Department
				of Environmental Conservation, field delineation or local ordinance). Buffer
				areas shall be delineated on the plan, and the commission may impose covenants
				to protect these areas. The commission may require setbacks from documented
				areas of seasonal high groundwater less than four feet from the surface, or
				further setbacks where the 100 foot non- disturbance buffer area is
				insufficient to protect the wetlands. Tidal wetlands existing within the marine
				environment bordering portions of the Pine Barrens Zone are equally valuable
				natural resources. These wetlands support the reproduction of finfish and
				shellfish, provide habitat for waterfowl, and contribute a scenic quality that
				supports recreational economies. Development proposals where tidal wetlands
				exist must be protected by a minimum 100 foot non-disturbance area (measured
				horizontally from the identified wetland edge). The commission may require
				further setbacks where the 100 foot non-disturbance area is insufficient to
				protect the tidal wetlands.
(c)
Surface waters.
Surface waters, which include freshwater
				ponds, lakes, streams, rivers, and creeks, occur throughout the Pine Barrens.
				These are considered to be resources of significant value in economic,
				aesthetic and ecological terms. Their protection is judged to be vital to the
				dynamics of the Pine Barrens. Development proposals where surface waters exist
				must be protected by a 100 foot non-disturbance buffer (measured horizontally
				from the water or wetland edge, whichever is more protective). The commission
				may require setbacks from documented seasonal surface waters, or further
				setbacks where the 100 foot non-disturbance buffer is insufficient to protect
				the integrity of a surface waterbody in terms of its quality, quantity, or
				natural function.
(d)
Rare
				and endangered species and unique natural communities.
The Pine
				Barrens ecosystem encompasses several species of rare, endangered, and
				threatened animals and plants, as well as species of special concern, including
				the buck moth, tiger salamander, and lady slipper. The State of New York has
				identified such species and has enacted laws to protect their number and
				habitat. The NYS Natural Heritage Program has also identified unique natural
				communities and habitats of special concern. Development shall not have a
				significant negative impact on a habitat essential to those species identified
				by New York State maintained lists as rare, endangered, or threatened, nor on
				natural communities classified by the NYS Natural Heritage Program as G1, G2,
				G3 or S1, S2 or S3.
(e)
Native vegetation disturbance.
The vegetation association that
				defines or characterizes the Pine Barrens includes pitch pines and various
				species of oak trees, plus numerous understory and ground cover plants such as
				blueberry and bearberry and grasses such as prairie bluestem and indian grass.
				Excessive, and often unnecessary, clearing of this native vegetation can result
				in severe soil erosion, excessive stormwater runoff, and destroyed plant and
				wildlife habitat. Furthermore, the replacement of native vegetation by plants
				and lawns requiring artificial fertilization increases the risk of groundwater
				contamination. See Table 2 (subdivision [e] of this section) for suggested
				native species, as well as specific nonnative species which are not
				recommended. It is the policy of the commission to encourage minimal clearing
				of native vegetation. Development proposals must not exceed the clearance
				standards in Table 1 (subdivision [e] of this section). These percentages shall
				be taken over the total site inclusive of roads, building sites and drainage
				structures. The clearance standard that would be applied to project site if
				developed under the existing residential zoning category, should be applied if
				the proposal involves multi-family units, attached housing, clustering or
				modified lot designs. Submissions to the commission for subdivisions shall
				contain calculations for clearing limits. These limits shall become part of the
				filed map. Furthermore, subdivision and site design must support preservation
				of natural vegetation in large unbroken blocks that allow contiguous open
				spaces to be established when adjacent parcels are developed.
TABLE 1 - Clearance Standards
Total site clearance including lots, roads, drainage
				  and other improvements.
Category
Residential zoning
Lot size Acreage
Maximum site
								clearance
10,000 s.f. - 1/4 acre
90 percent
15,000 s.f. - 1/3 acre
70 percent
20,000 s.f. - 1/2 acre
60 percent
30,000 s.f. - 
							 2/3
							 acre
58 percent
40,000 s.f. - 1 acre
57 percent
60,000 s.f. - 11/2 acre
46 percent
80,000 s.f. - 2 acres
35 percent
120,000 s.f. - 3 acres
30 percent
120,000-200,000 + s.f. -4 - 5 + acres
25 percent
Commercial industrial
65 percent
Other or mixed use
To be determined by the commission
Note:
In calculating the percentage of land
				  cleared, the preserved areas in a development should be good quality native
				  vegetation. These are maximum clearance standards, and may be lower due to
				  consideration of other standards, especially for preservation of rare or
				  endangered species.
Scientific
								Name
Common Name
(In alphabetic
								order)
Recommended Native
								Plants
Andropogon gerardi
Big bluestem
Andropogon scoparius
Little bluestem
Betula lenta
White birch
Betula populifolia
Grey birch
Celtis occidentalis
Hackberry
Dennstaedtia punctilobula
Hay-scented fern
Epigea repens
Trailing arbustus
Hamamelis virginia
Witch hazel
Ilex glabra
Inkberry
Ilex opaca
American holly
Myrica pennsylvanica
Northern bayberry
Parthenocissus quinquefolia
Virginia creeper
Pinus rigida
Pitch pine
Prunus maritima
Beach plum
Populus tremuloides
Quaking aspen
Prunus serotina
Black cherry
Pteridum aquilinum
Bracken fern
Quercus alba
White oak
Quercus coccinea
Scarlet oak
Quercus rubrum
Red oak
Rhus copalina
Winged sumac
Rhus glabra
Smooth sumac
Rhus typhina
Staghorn sumac
Rosa virginiana
Virginia rose
Rubus allegheniensis
Northern blackberry
Salix discolor
Pussy willow
Sassifras albidum
Sassifras
Solidago species
Goldenrod
Spirea latifolia
Spirea
Vaccinium angustifolium
Low-bush blueberry
Vaccinium corymbosum
High-bush blueberry
Invasive, Nonnative Plants
							 Specifically Not Recommended
Acer platanoides
Norway maple
Berberis thunbergii
Japanese barberry
Celastrus orbiculatus
Asiatic bittersweet
Coronilla varia
Crown vetch
Eleagnus umbellata
Autumn olive
Hibiscus syriacus
Rose of sharon
Ligustrum sinense
Chinese privet
Lonicera japonica
Japanese honeysuckle
Lonicera maackii
Amur honeysuckle
Lythrum salicaria
Purple loosestrife
Pinus nigra
Black pine
Polygonum cuspidatum
Bamboo
Rosa multiflora
Multiflora rose
(f)
Fertilized vegetation and landscaping.
The 208 Wastewater Treatment Management Plan indicated that
				  fertilizers are a significant source of nitrogen and phosphorous contamination
				  to ground and surface waters. Because of low natural fertility, soils common to
				  the Pine Barrens (Carver, Haven, Plymouth, and Riverhead) require both
				  irrigation and fertilizer application for establishment and maintenance of turf
				  and non-native vegetation. As native Pine Barrens vegetation is replaced with
				  turf through residential development, increased contamination may be expected
				  along with a general change in the ecosystem. The 205J Special Groundwater
				  Protection Areas study discussed limiting the amount of land devoted to turf as
				  a way to limit the amount of nitrogen leached from low density residential
				  development (greater than or equal to one acre/unit). It is the policy of the
				  commission to discourage extensive establishment of turf and fertilizer
				  dependent non-native vegetation. Development plans may place no more than 15
				  percent of each not in vegetation requiring fertilization or 15 percent of the
				  entire site for attached residential, commercial or industrial development.
				  Table 2 (subdivision [e] of this section) should be consulted for examples of
				  vegetation species appropriate to the Central Pine Barrens Area.
(g)
Steep slopes.
Disturbance of, and construction on, steep slopes within the
				  Pine Barrens can require considerable removal of native vegetation resulting in
				  excessive surface water runoff and severe soil erosion. Additionally, steep
				  sloped areas are subject to more rapid spread of wildfire than flat ground. All
				  land clearing and construction must be confined to sites where slopes are no
				  greater than 15 percent. The commission will require that clearing envelopes be
				  drawn for lots within a subdivision containing slopes greater than 10 percent.
				  These envelopes should be located on the lots to minimize the disturbance of
				  those slopes to the greatest extent possible. Construction of homes, roadways
				  and private driveways on slopes greater than 10 percent may be approved if
				  technical review shows that sufficient care has been taken in the design of
				  stabilization measures, erosion control practices and structures so as to
				  mitigate any negative environmental impacts. The commission review would be
				  facilitated if submissions contain a slope analysis showing slopes 0-10
				  percent, 11-15 percent and 15 percent and greater. In areas with steep slopes,
				  slope analysis maps may be required. This can be done with cross hatching or
				  shading on the site plan for the appropriate areas. In addition, erosion and
				  sediment control plans will be required in steeply sloped areas.
(h)
Runoff water.
Development of lands within the Pine Barrens inevitably
				  results in an increase of runoff water following precipitation. Runoff water
				  originating from the roofs of buildings and from driveways is usually discharge
				  directly to subsurface dry wells situated on the building lot. However, the
				  great volume of runoff water originating from paved streets and roads is
				  usually discharged by pipes into large open recharge basins or sumps. These
				  basins may cover several acres and require the removal of much native
				  vegetation to the detriment of the site's ecology and aesthetics. The
				  commission advocates the use of natural recharge areas and/or drainage system
				  designs that will cause minimum disturbance of the site. The commission will
				  only approve large excavated recharge basins where the use of natural swales
				  and depressions and/or the installation of perforated pipe, vertical drains or
				  dry wells is not practicable. The development plans must provide that all
				  stormwater runoff originating from development on the property will be
				  recharged on site. Ponds should only be created in place of recharge basins,
				  not for aesthetic purposes. They should be constructed and planted to create a
				  shallow marsh habitat to filter runoff to the maximum extent possible. A
				  management plan should be developed which requires minimal augmentation and
				  attempts to balance evaporation with size limitation of the pond. Further, the
				  commission will approve construction within natural swales and depressions
				  where runoff and recharge naturally occurs only if the construction enhances
				  the natural drainage and recharge functions.
(i)
Agriculture and
				horticulture.
Scattered throughout the Pine Barrens are parcels devoted to
				  agriculture and horticulture uses. Some of the parcels may be entirely devoted
				  to these uses, whereas others may not. A certification of non-development will
				  be required by the applicant where it is proposed to commence or expand
				  agricultural or horticultural uses. Since there may be some adverse impacts
				  associated with these uses, the commission will use the following standards to
				  guide its recommendations pursuant to SEQR. For parcels that are entirely in
				  active agriculture or horticulture and within Hydrogeologic Zones III and V and
				  contain prime agricultural soils, the commission recommends the clustering of
				  structures on the poorest soils and retention of the remaining prime areas for
				  agricultural or horticultural use of a nature that will cause minimal impact on
				  the groundwater quality. For those parcels which are not completely devoted to
				  agricultural and horticultural uses, the commission, in its review of
				  development proposals, will recommend balancing the continuation of the
				  agricultural and horticultural uses with the protection of critical resource
				  areas. Reclaiming of areas formerly used for agriculture and horticulture is
				  acceptable, provided no local tree cutting or vegetation protection ordinances
				  are violated, and that best management practices for the use of fertilizer or
				  pesticide, including integrated pest management, are employed.
(j)
Rezoning of land.
While no amendments to local zoning laws and regulations
				  shall take effect during the interim period, the commission may review some
				  proposed actions and make comments pursuant to special environmental quality
				  review. Following are the guidelines the commission will use to further the
				  plan goals for the compatible growth area until completion of the land use
				  plan. The protection of groundwater quality and native vegetation/habitat are
				  two paramount goals of the commission. Both of these goals may be threatened by
				  rezonings that increase density or intensity of land use (such as rezoning from
				  large-lot single-family residential to high-density multiple-family residential
				  or rezoning from low-density residential to commercial or industrial use).
				  Conversely, opportunities to transfer development rights or encourage
				  appropriate development patterns may be lost with a premature rezoning. The
				  commission may recommend disapproval of any rezoning applications that increase
				  density or intensity of use, unless applicants are able to demonstrate
				  that:
(1) rezoning will not have a
				greater threat to groundwater quality and/or native vegetation/habitat than
				existing zoning; or
(2) that the
				rezoning will remove development from critical resource areas especially within
				the core preservation area.