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.