NY State Senate Bill 2011-S5663

Senate Bill S5663

Signed By Governor

2011-2012 Legislative Session

Adds certain lands within the Carmans River watershed to the core preservation area of the Central Pine Barrens

download bill text pdf

Archive: Last Bill Status Via A8265 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2011	signed chap.538
Sep 12, 2011	delivered to governor
Jun 17, 2011	returned to assembly passed senate 3rd reading cal.1348 substituted for s5663
Jun 17, 2011	substituted by a8265
Jun 16, 2011	ordered to third reading cal.1348 committee discharged and committed to rules
Jun 09, 2011	referred to environmental conservation

Votes

- Jun 17, 2011 - Floor Vote
  A8265
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin

co-Sponsors

2011-S5663 (ACTIVE) - Details

See Assembly Version of this Bill:: A8265
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §57-0107, add §57-0122, En Con L

2011-S5663 (ACTIVE) - Summary

Adds certain lands within the Carmans River watershed to the core preservation area of the Central Pine Barrens.

2011-S5663 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5663

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the addition
of certain lands within the Carmans River watershed to the core
preservation area of the Central Pine Barrens

PURPOSE:
To authorize additional land preservation in the Long Island Pine
Barrens.

SUMMARY OF PROVISIONS:
This bill would amend Section 57-0107 of the Environmental
Conservation Law to protect the Carmans River watershed and add
approximately 1,000 acres of land to the Central Pine Barrens area,
following the development of a watershed protection and management
plan. In addition, this bill would require the Central Pine Barrens
Joint Planning and Policy Commission to conduct an agriculture and
horticulture study.

JUSTIFICATION:
The Carmans River is a major river on Long Island and, along with its
sister river, the Peconic, is one of two that reside within the
Central Pine Barrens. Although various State and local measures have
been undertaken to protect the Carmans River scientific analysis has

indicated that these existing measures are insufficient.

A number of threats to the Carmans River persist and are anticipated
to cause progressive degradation both within the Carmans River as
well as its watershed unless more definitive action is undertaken. As
the source of the surface water flow of the Carmans River is derived
primarily from Long Island's sole source aquifer, certain activities
that occur within the groundwater watershed of the Carmans River, the
area surrounding the River which contributes groundwater to its
surface flow, are likely to cause increased degradation of the
Carmans River's water quality and increase ecological deterioration.

The Town of Brookhaven has commenced a program to protect the Carmans
River and is in the process of developing and ultimately implementing
a Carmans River Watershed Protection and Management Plan which is
designed to protect and preserve the areas within the Carmans
Watershed. In developing this plan, the Town of Brookhaven has
assembled a diverse team of individuals, including representatives
from government, the business community and advocacy organizations,
to create a cons:ensus-based plan that achieves the optimal balance
of environmental preservation and economic development. This process
has also entailed the cooperation and participation of the Central
Pine Barrens Joint Planning and Policy Commission.

The entire watercourse of the Carmans River lies within the Central
Pine Barrens and much of its groundwater watershed also lies within
the Central Pine Barrens. Accordingly, the Carmans River Watershed
Protection and Management Plan initiative recognizes that the most
expeditious and effective means of achieving the dual objectives of
environmental preservation and economic development is to expand the


Core Preservation Area of the Central Pine Barrens.
This legislation will expand the Core Preservation Area boundary to
encompass those groundwater contributing areas most critical to the
Carmans River, those from which groundwater requires the least
amount of time to reach the river and include those from which
groundwater requires the least amount of time to reach the river and
include those areas identified as being critical for preservation in
regard to the hydrological and ecological integrity.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately; provided that if none months
after this act shall have become u law. the plan amendment shall not
have been adopted, ratified and implemented the act shall be deemed
repealed.

2011-S5663 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 5663                                                  A. 8265

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 9, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sens.  LAVALLE, ZELDIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation

IN  ASSEMBLY  --  Introduced  by  M. of A. SWEENEY, THIELE, ENGLEBRIGHT,
  FITZPATRICK, LOSQUADRO, MURRAY, RAIA -- read once and referred to  the
  Committee on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  addition of certain lands within the Carmans River  watershed  to  the
  core preservation area of the Central Pine Barrens

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The Legislature finds that increasing
protection for the Carmans River and its watershed  as  a  part  of  the
Central  Pine  Barrens is a vital goal that benefits the environment and
the economy of the state. The Carmans River is one  of  only  two  found
within the Central Pine Barrens. As such, the Carmans River represents a
significant and integral part of the Central Pine Barrens ecosystem.
  Although  various  State  and  local  measures have been undertaken to
protect the Carmans River over the last several decades,  recent  scien-
tific  studies have indicated that existing measures are insufficient to
protect the Carmans River. Further, the Carmans River  is  beginning  to
demonstrate  a  decline in both the quality of its surface water and its
ecological integrity.
  The town of Brookhaven has commenced a planning process to protect the
Carmans River. The proposed plan is designed to protect and preserve the
areas within the Carmans River watershed while also allowing for  appro-
priate  economic  growth  in  areas of Brookhaven outside of the Carmans
River watershed through the implementation of a transfer of  development
rights  program  and  the creation of a multi-family district to receive
those development rights.  This process has also  involved  the  cooper-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11914-04-1

S. 5663                             2                            A. 8265

ation  and  participation of the Central Pine Barrens joint planning and
policy commission.
  The  entire  watercourse  of the Carmans River lies within the Central
Pine Barrens and much of its groundwater watershed also lies within  the
Central  Pine  Barrens  and  entirely  within  the  town  of Brookhaven.
Accordingly, the most effective means of  achieving  the  objectives  of
environmental  preservation  of the Carmans River watershed and economic
growth on other areas of the town of Brookhaven would be to  expand  the
core preservation area of the Central Pine Barrens.
  As a result, it is proposed to expand the core preservation area boun-
dary  to encompass those areas most critical to the Carmans River and to
include public parklands and open space areas which are near or current-
ly adjacent to the core preservation area and which should be integrated
into the core preservation area.  The Central Pine Barrens Area boundary
located south of the Long Island Expressway will also be expanded to  be
coincident with boundaries of the expanded core preservation area.
  The expansion of the core preservation area will provide significantly
more protection to the Carmans River than currently exists and will help
to  ensure  that  key  ecological values and habitats will be adequately
protected, enhanced and maintained.
  This legislation establishes a process  consistent  with  the  ongoing
town of Brookhaven planning process that will result in the inclusion of
the Carmans River watershed in the core preservation area and the imple-
mentation  of  an  amendment  to  the Central Pine Barrens Comprehensive
Management Plan to protect the Carmans River watershed.
  S 2. Section 57-0107 of the environmental conservation law is  amended
by  adding  four  new  subdivisions  10-a,  11-a, 11-b and 15 to read as
follows:
  10-A. "CARMANS RIVER WATERSHED ADDITION TO THE  CENTRAL  PINE  BARRENS
AREA" SHALL MEAN THOSE LANDS DESIGNATED AS THE CARMANS RIVER ADDITION TO
THE  CENTRAL PINE BARRENS AREA IN THE CARMANS RIVER WATERSHED PROTECTION
AND MANAGEMENT PLAN AND MORE SPECIFICALLY DELINEATED ON A MAP DATED, MAY
TWO THOUSAND ELEVEN, AS APPROVED BY THE BROOKHAVEN TOWN BOARD.
  11-A. "CARMANS RIVER WATERSHED ADDITION TO THE CORE PRESERVATION AREA"
SHALL MEAN THAT THOSE LANDS DESIGNATED AS THE CARMANS RIVER ADDITION  TO
THE CORE PRESERVATION AREA IN THE CARMANS RIVER WATERSHED PROTECTION AND
MANAGEMENT PLAN AND MORE SPECIFICALLY DELINEATED ON A MAP DATED, MAY TWO
THOUSAND  ELEVEN, AS APPROVED BY THE BROOKHAVEN TOWN BOARD AND DESCRIBED
IN SUBDIVISION ELEVEN-B OF THIS SECTION.
  11-B. THE CARMANS RIVER WATERSHED ADDITION TO  THE  CORE  PRESERVATION
AREA  SHALL  INCLUDE  THE  FOLLOWING SUFFOLK COUNTY TAX MAP PARCELS, ALL
LOCATED IN THE TOWN OF BROOKHAVEN DISTRICT 200, EQUAL TO 1,018.85  ACRES
MORE OR LESS.
SECTION  54700                BLOCK   100            LOT 19000
SECTION  61000                BLOCK   100            LOT 22000
SECTION  70700                BLOCK   200            LOT 14000
SECTION  74400                BLOCK   300            LOT 26000
SECTION  74400                BLOCK   300            LOT 34000
SECTION  84600                BLOCK   400            LOT 1000
SECTION  97420                BLOCK   200            LOT 11000
SECTION  84600                BLOCK   500            LOT 10004
SECTION  84700                BLOCK   100            LOT 7001
SECTION  84700                BLOCK   100            LOT 7003
SECTION  90300                BLOCK   100            LOT 14000
SECTION  84600                BLOCK   500            LOT 3000
SECTION  54800                BLOCK   100            LOT 21001

S. 5663                             3                            A. 8265

SECTION  90200                BLOCK   400            LOT 5000
SECTION  50100                BLOCK   100            LOT 2001
SECTION  50100                BLOCK   100            LOT 2002
SECTION  87800                BLOCK   100            LOT 2000
SECTION  97850                BLOCK   200            LOT 5004
SECTION  61300                BLOCK   100            LOT 20002
SECTION  61400                BLOCK   100            LOT 1005
SECTION  90200                BLOCK   400            LOT 2000
SECTION  87600                BLOCK   300            LOT 6000
SECTION  61100                BLOCK   200            LOT 17000
SECTION  54800                BLOCK   100            LOT 3000
SECTION  97420                BLOCK   200            LOT 21003
SECTION  97420                BLOCK   200            LOT 21004
SECTION  90300                BLOCK   100            LOT 13000
SECTION  52700                BLOCK   500            LOT 3000
SECTION  70700                BLOCK   200            LOT 29002
SECTION  61100                BLOCK   200            LOT 15000
SECTION  61100                BLOCK   200            LOT 16003
SECTION  43200                BLOCK   100            LOT 12000
SECTION  43400                BLOCK   100            LOT 7000
SECTION  84600                BLOCK   500            LOT 23002
SECTION  54800                BLOCK   200            LOT 5001
SECTION  63600                BLOCK   200            LOT 48000
SECTION  63700                BLOCK   200            LOT 2001
SECTION  63600                BLOCK   200            LOT 34000
SECTION  54800                BLOCK   100            LOT 20001
SECTION  54800                BLOCK   100            LOT 23001
SECTION  54800                BLOCK   100            LOT 22001
SECTION  54800                BLOCK   200            LOT 1008
SECTION  58300                BLOCK   100            LOT 1000
SECTION  61400                BLOCK   100            LOT 1004
SECTION  61000                BLOCK   200            LOT 23000
SECTION  54700                BLOCK   100            LOT 18001
SECTION  52800                BLOCK   400            LOT 26000
SECTION  84700                BLOCK   300            LOT 30002
SECTION  84700                BLOCK   300            LOT 30003
SECTION  61100                BLOCK   100            LOT 4001
SECTION  61400                BLOCK   100            LOT 1003
SECTION  61300                BLOCK   100            LOT 20001
SECTION  61300                BLOCK   100            LOT 18000
SECTION  45600                BLOCK   200            LOT 5000
SECTION  45600                BLOCK   200            LOT 4000
SECTION  84700                BLOCK   100            LOT 17003
SECTION  81700                BLOCK   100            LOT 17000
SECTION  49900                BLOCK   200            LOT 1000
SECTION  84600                BLOCK   500            LOT 23001
SECTION  87600                BLOCK   200            LOT 17000
SECTION  66700                BLOCK   100            LOT 4000
SECTION  61000                BLOCK   100            LOT 10000
SECTION  63800                BLOCK   300            LOT 2000
SECTION  93300                BLOCK   300            LOT 1003
SECTION  90300                BLOCK   100            LOT 15000
SECTION  78100                BLOCK   200            LOT 25000
SECTION  70700                BLOCK   100            LOT 2000
SECTION  54700                BLOCK   100            LOT 11000
SECTION  52800                BLOCK   400            LOT 38001

S. 5663                             4                            A. 8265

SECTION  84700                BLOCK   200            LOT 16000
SECTION  90300                BLOCK   100            LOT 12002
SECTION  90300                BLOCK   100            LOT 6000
SECTION  66700                BLOCK   100            LOT 6000
SECTION  63700                BLOCK   300            LOT 41000
SECTION  66600                BLOCK   100            LOT 21000
SECTION  87600                BLOCK   300            LOT 1000
SECTION  66300                BLOCK   100            LOT 2000
SECTION  61100                BLOCK   300            LOT 17000
SECTION  84700                BLOCK   100            LOT 7002
SECTION  84700                BLOCK   100            LOT 7004
SECTION  74400                BLOCK   200            LOT 9000
SECTION  74400                BLOCK   200            LOT 10000
SECTION  90200                BLOCK   400            LOT 3001
SECTION  97420                BLOCK   200            LOT 21001
SECTION  97420                BLOCK   200            LOT 10004
SECTION  97630                BLOCK   100            LOT 18001
SECTION  97630                BLOCK   100            LOT 18002
SECTION  97640                BLOCK   100            LOT 13002
SECTION  97850                BLOCK   200            LOT 5002
SECTION  84700                BLOCK   100            LOT 17002
SECTION  70600                BLOCK   100            LOT 3000
SECTION  61200                BLOCK   200            LOT 8000
SECTION  97630                BLOCK   300            LOT 8002
SECTION  48200                BLOCK   100            LOT 4000
SECTION  84600                BLOCK   500            LOT 10003
SECTION  63700                BLOCK   200            LOT 7000
SECTION  57800                BLOCK   300            LOT 1001
SECTION  57900                BLOCK   200            LOT 57000
SECTION  93200                BLOCK   300            LOT 34000
SECTION  66500                BLOCK   200            LOT 1000
SECTION  52800                BLOCK   400            LOT 25000
SECTION  84600                BLOCK   500            LOT 23003
SECTION  61100                BLOCK   300            LOT 4000
SECTION  97420                BLOCK   200            LOT 23005
SECTION  52800                BLOCK   600            LOT 10000
SECTION  84700                BLOCK   200            LOT 13000
SECTION  48200                BLOCK   100            LOT 3001
SECTION  49800                BLOCK   300            LOT 21003
SECTION  52700                BLOCK   500            LOT 4000
SECTION  52700                BLOCK   500            LOT 10000
SECTION  54700                BLOCK   100            LOT 12000
SECTION  54700                BLOCK   100            LOT 20000
SECTION  54800                BLOCK   200            LOT 1007
SECTION  61100                BLOCK   300            LOT 3001
SECTION  61100                BLOCK   300            LOT 9000
SECTION  74400                BLOCK   100            LOT 10000
SECTION  81700                BLOCK   300            LOT 35000
SECTION  90300                BLOCK   100            LOT 12001
SECTION  54800                BLOCK   200            LOT 4000
SECTION  54800                BLOCK   200            LOT 2001
SECTION  63600                BLOCK   200            LOT 5000
SECTION  61300                BLOCK   100            LOT 15001
SECTION  61100                BLOCK   300            LOT 22000
SECTION  61100                BLOCK   300            LOT 23000
SECTION  61100                BLOCK   300            LOT 24000

S. 5663                             5                            A. 8265

SECTION  61100                BLOCK   300            LOT 25000
SECTION  61100                BLOCK   300            LOT 26000
SECTION  61100                BLOCK   300            LOT 27000
SECTION  61100                BLOCK   300            LOT 28000
SECTION  63600                BLOCK   100            LOT 36000
SECTION  63600                BLOCK   100            LOT 37000
SECTION  63600                BLOCK   200            LOT 14000
SECTION  63600                BLOCK   200            LOT 15000
SECTION  63600                BLOCK   200            LOT 33000
SECTION  63600                BLOCK   200            LOT 35000
SECTION  63600                BLOCK   200            LOT 36000
SECTION  63600                BLOCK   200            LOT 38000
SECTION  63600                BLOCK   200            LOT 41000
SECTION  63600                BLOCK   200            LOT 42000
SECTION  63600                BLOCK   200            LOT 43000
SECTION  63600                BLOCK   200            LOT 45000
SECTION  63600                BLOCK   200            LOT 56001
SECTION  63600                BLOCK   200            LOT 56002
SECTION  63600                BLOCK   200            LOT 57001
SECTION  63600                BLOCK   200            LOT 57002
SECTION  63600                BLOCK   200            LOT 57003
SECTION  63600                BLOCK   200            LOT 59001
SECTION  63600                BLOCK   200            LOT 59002
SECTION  63600                BLOCK   200            LOT 60001
SECTION  63600                BLOCK   200            LOT 60002
SECTION  63600                BLOCK   200            LOT 61000
SECTION  63700                BLOCK   300            LOT 1000
SECTION  63700                BLOCK   300            LOT 4000
SECTION  63700                BLOCK   300            LOT 7000
SECTION  63700                BLOCK   300            LOT 8000
SECTION  63700                BLOCK   300            LOT 10000
SECTION  63700                BLOCK   300            LOT 25000
SECTION  63700                BLOCK   300            LOT 26000
SECTION  63700                BLOCK   300            LOT 27000
SECTION  63700                BLOCK   300            LOT 28000
SECTION  63700                BLOCK   300            LOT 29000
SECTION  63700                BLOCK   300            LOT 32000
SECTION  63700                BLOCK   300            LOT 35000
SECTION  63700                BLOCK   300            LOT 36000
SECTION  63700                BLOCK   300            LOT 37000
SECTION  63700                BLOCK   300            LOT 38000
SECTION  63700                BLOCK   300            LOT 39000
SECTION  63700                BLOCK   300            LOT 40000
SECTION  63700                BLOCK   300            LOT 42000
SECTION  63700                BLOCK   300            LOT 43000
SECTION  63700                BLOCK   300            LOT 45000
SECTION  63700                BLOCK   300            LOT 46000
  15.  "CARMANS  RIVER  WATERSHED  PROTECTION AND MANAGEMENT PLAN" SHALL
MEAN THE DRAFT COMPREHENSIVE LAND USE PLAN  PREPARED  FOR  THE  TOWN  OF
BROOKHAVEN,  BY  THE CARMANS RIVER STUDY GROUP, DATED FEBRUARY TWO THOU-
SAND ELEVEN.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 57-0122 to read as follows:
S 57-0122. CARMANS RIVER WATERSHED PLAN AMENDMENT.
  1.  WITHIN  SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE TOWN
OF BROOKHAVEN SHALL FINALIZE THE CARMANS RIVER WATERSHED PROTECTION  AND

S. 5663                             6                            A. 8265

MANAGEMENT  PLAN,  AND THE COMMISSION SHALL APPROVE SUCH FINALIZED PLAN,
FOLLOWING RATIFICATION BY THE COMMISSION THE TOWN BOARD OF THE  TOWN  OF
BROOKHAVEN   SHALL   RATIFY   SUCH  FINALIZED  CARMANS  RIVER  WATERSHED
PROTECTION  AND  MANAGEMENT PLAN AS A PLAN AMENDMENT TO THE CENTRAL PINE
BARRENS COMPREHENSIVE MANAGEMENT  PLAN  IN  ORDER  TO  PROVIDE  FOR  THE
PROTECTION  OF THE CARMANS RIVER WATERSHED. SUCH PLAN AMENDMENT SHALL BE
CONSISTENT WITH THE FINDINGS ENUMERATED BY THIS ACT, AS WELL AS  SECTION
57-0105  OF  THIS  TITLE,  AND THE PLAN GOALS ENUMERATED IN SUBDIVISIONS
TWO, THREE AND FOUR OF SECTION 57-0121 OF THIS TITLE.
  2. THE PLAN AMENDMENT SHALL PROVIDE  FOR,  ADDRESS,  AND  INCLUDE  THE
IMPLEMENTATION  OF LAND PROTECTION MECHANISMS INCLUDING, BUT NOT LIMITED
TO:  (A) ACQUISITION; (B) CONSERVATION EASEMENTS; (C) TRANSFER OF DEVEL-
OPMENT RIGHTS, INCLUDING BUT NOT LIMITED TO THE  CREATION  OF  RECEIVING
ZONES  FOR THE USE OF SUCH RIGHTS ADEQUATE TO ACHIEVE THE GOALS OF PRES-
ERVATION AND BALANCED GROWTH WITHIN THE TOWN OF BROOKHAVEN; (D) PURCHASE
OF DEVELOPMENT RIGHTS; (E) DONATIONS; (F) CLUSTERING; (G)  PLANNED  UNIT
DEVELOPMENT;  (H)  LAND  TRUSTS;  (I)  EXCHANGES  BETWEEN  PRIVATELY AND
PUBLICLY OWNED LANDS; (J) OR OTHER ZONING ACTIONS  CONSISTENT  WITH  THE
PROVISIONS OF THIS SECTION.
  3.  SUCH PLAN AMENDMENT SHALL BE ADOPTED BY THE COMMISSION PURSUANT TO
PROVISIONS RELATING TO PLAN AMENDMENTS ENUMERATED IN  SUBDIVISION  THIR-
TEEN  OF  SECTION  57-0121  OF  THIS TITLE. SUCH PLAN AMENDMENT SHALL BE
RATIFIED BY THE BROOKHAVEN TOWN BOARD, PURSUANT TO A DULY ADOPTED RESOL-
UTION OF SUCH BOARD.
  4. UPON ADOPTION AND RATIFICATION OF THE PLAN AMENDMENT,  SUCH  AMEND-
MENT  SHALL  BE  IMPLEMENTED  BY  THE  TOWN OF BROOKHAVEN AS PROVIDED BY
SUBDIVISION FIVE OF THIS SECTION.
  5. WITHIN THREE MONTHS AFTER THE LAND USE PLAN HAS BEEN ADOPTED BY THE
COMMISSION, THE BROOKHAVEN TOWN BOARD SHALL ADOPT AND AMEND AS NECESSARY
LAND USE AND ZONING REGULATIONS, BY LOCAL  LAW  OR  ORDINANCE,  RULE  OR
REGULATION  TO CONFORM THEIR LAND USE REGULATIONS TO THE PLAN AMENDMENT.
AT LEAST THIRTY DAYS BEFORE  ADOPTION  THEREOF,  THE  TOWN  BOARD  SHALL
SUBMIT  THE  PROPOSED  REGULATIONS  TO THE COMMISSION FOR ITS REVIEW AND
APPROVAL. WITHIN TEN DAYS OF RECEIPT OF SUCH PROPOSED  REGULATIONS,  THE
COMMISSION  SHALL REVIEW AND APPROVE SUCH PROPOSED REGULATIONS, OR IF IT
DOES NOT APPROVE THEM, RETURN THEM WITH COMMENTS ON  WHAT  NEEDS  TO  BE
DONE  TO  MAKE THEM APPROVABLE. THE PLAN AMENDMENT SHALL BE DEEMED TO BE
IMPLEMENTED UPON ADOPTION BY THE TOWN BOARD OF APPROVED LAND  USE  REGU-
LATIONS.
  6.  UPON IMPLEMENTATION OF THE LAND USE REGULATIONS BY THE TOWN BOARD,
ALL THE PROVISIONS OF THIS ARTICLE RELATING  TO  THE  CORE  PRESERVATION
AREA AND CENTRAL PINE BARRENS AREA SHALL ALSO APPLY TO THE CARMANS RIVER
WATERSHED  ADDITION  TO THE CORE PRESERVATION AREA AND THE CARMANS RIVER
ADDITION TO THE CENTRAL PINE BARRENS AREA.
  S 4. Agriculture and horticulture study and analysis  in  the  Central
Pine  Barrens.  1. Agriculture and horticulture continues to be a major,
important and vital industry in the Central Pine Barrens and it  contin-
ues  to  be the policy of the state of New York that compatible agricul-
tural and horticultural uses be maintained  and  encouraged  within  the
Central Pine Barrens. Sustaining agriculture in the Central Pine Barrens
while harmonizing and balancing such use with other, concomitant Central
Pine   barrens   objectives,   including   groundwater   and  ecological
protection, continues to be a primary goal of the state of New York.
  2. As soon as is practicable and within twelve months of the effective
date of this section, the Central Pine Barrens Joint Planning and Policy
commission shall prepare or cause to be  prepared,  in  cooperation  and

S. 5663                             7                            A. 8265

coordination with the Suffolk county planning department and the Suffolk
county agricultural and farmland protection board, a comprehensive study
and  analysis  of  agriculture  and  horticulture  in  the  Central Pine
Barrens.
  3.  The  study  shall  examine  and  shall  incorporate  the following
elements:
  (a) An identification and inventory of existing farms, farmland, agri-
cultural land and horticultural land within both the  compatible  growth
area  and  the  core preservation area. The inventory shall include, but
not be limited to:
  (i) locations of existing farms;
  (ii) boundaries of existing farms, including tax map parcels;
  (iii) ownership;
  (iv) leased farmland;
  (v) areas of farms in active cultivation;
  (vi) areas of farms which have been cleared of natural vegetation;
  (vii) areas of fallow farmland;
  (viii) areas of farms remaining in natural vegetation;
  (ix) areas of farms devoted to other uses including, but  not  limited
to,  infrastructure,  windbreaks,  structures,  equipment storage, irri-
gation wells and pumps;
  (x) agricultural products generated by each farm;
  (xi) ecological,  hydrological,  geological,  historical,  scenic  and
archaeological features within or in proximity to existing farms;
  (xii)  location  of  agricultural  districts  in  relation to existing
farms; and
  (xiii) any other elements considered necessary.
  (b) An identification and inventory of the existing  land  uses  which
lie adjacent to and/or occupy the areas surrounding each farm.
  (c) An identification and analysis of areas adjacent to existing farms
which  may  be considered for farm expansion in future years, the extent
of active cultivation on existing farms  and  the  presence  of  natural
vegetation  and  ecological, geological, historical, scenic and archaeo-
logical features in portions of existing farms which  may  be  desirable
for expanded cultivation in the future.
  (d)  The  study shall include an analysis and review of trends, influ-
ences and issues affecting farming in the Central Pine Barrens  and  the
potential  impacts  of  these  elements  on  farming in the Central Pine
Barrens.
  (e) The study shall develop and  provide  a  comprehensive  vegetation
management plan for non-cultivated areas of vegetation within all exist-
ing farms in the Central Pine Barrens which, if adopted, would allow the
Central  Pine  Barrens  Joint  Planning  and Policy commission to review
potential vegetation clearing  and  other  matters  within  farms  in  a
comprehensive,  panoptic  and systematic manner as opposed to on a case-
by-case basis.
  (f) The study shall make recommendations, as and if needed, for amend-
ments to the Central Pine Barrens comprehensive land use plan considered
necessary as an outgrowth of the study's analysis. The study shall  also
make  recommendations to the towns within the Central Pine Barrens as to
code and plan changes, pertaining to land use within  the  Central  Pine
Barrens,  which should be contemplated, particularly to reduce or elimi-
nate conflicts among overlapping regulatory jurisdictions.
  S 5. Severability. The provisions of this act shall be  severable  and
if  any  portion  thereof  or the applicability thereof to any person or

S. 5663                             8                            A. 8265

circumstances shall be held invalid, the remainder of this act  and  the
application thereof shall not be affected thereby.
  S  6.  This  act  shall take effect immediately, provided that if nine
months after this act shall have become a law, the plan amendment speci-
fied in section 57-0122 of the environmental conservation law shall  not
have  been adopted, ratified, and implemented as provided for by section
three of this act, this act shall be deemed repealed and of no force and
effect. If the plan amendment is adopted, ratified, and implemented, the
Central Pine Barrens Joint Planning and Policy commission shall  provide
an  accurate  metes and bounds description of the boundaries depicted in
the map dated May 2011, as further  described  in  subdivision  11-b  of
section  57-0107  of  the  environmental  conservation  law, as added by
section two of this act, and as approved by the Brookhaven  town  board,
to  the  state  legislature  within such nine month period. If the state
legislature does not approve the metes  and  bounds  description  within
nine  months  of  their receipt of such description, then this act shall
expire and be deemed repealed. The Central Pine Barrens  Joint  Planning
and Policy commission shall notify the legislative bill drafting commis-
sion  upon  the  adoption,  ratification, and implementation of the plan
amendment pursuant to section 57-0122 of the environmental  conservation
law  authorized  pursuant  to  section  three of this act and subsequent
legislative approval of the metes and bounds description required pursu-
ant to this section in order that the legislative bill drafting  commis-
sion  may  maintain  an  accurate  and timely effective data base of the
official text of the laws of the state of New  York  in  furtherance  of
effectuating  the  provisions  of  section 44 of the legislative law and
section 70-b of the public officers law.

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Senate Bill S5663

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Sponsored By

Kenneth P. LaValle