§ 57-0119 — Central Pine Barrens joint planning and policy commission

New York § 57-0119

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 1: Long Island Pine Barrens Maritime Reserve Act

Text

§ 57-0119. Central Pine Barrens joint planning and policy commission.\n 1. It is hereby found, determined and declared that the Long Island\nCentral Pine Barrens area is a major resource area of statewide\nsignificance where the hydrological and ecological integrity is\nendangered; that a public entity representative of town, county and\nstate government is necessary and appropriate to plan, manage and\noversee land use within the Central Pine Barrens area of Long Island\nPine Barrens Maritime reserve in the public interest for present and\nfuture generations; and that the Central Pine Barrens joint planning and\npolicy commission created by this section and its purposes are in all\nrespects for the benefit of the people of the state of New York and are\na public purpose.\n 2. There is hereby established, the Central Pine Barrens joint\nplanning and policy commission to consist of five voting members: one\nmember appointed by the governor who will serve at the pleasure of the\ngovernor and four ex officio members who are the county executive of\nSuffolk county, the supervisor of the town of Brookhaven, the supervisor\nof the town of Riverhead and the supervisor of the town of Southampton.\nEach ex officio member may appoint a designated representative, by\nofficial authority filed with the commission, to exercise his or her\npowers and perform his or her duties, including the right to vote, on\nthe commission. The commission shall elect one of its members as\nchairperson. Four members shall constitute a quorum for the transaction\nof any business or the exercise of any power or function of the\ncommission. An affirmative vote of three or more members shall be\nrequired to pass a resolution or otherwise exercise any functions or\npowers of the commission, except the adoption of the plan which requires\na unanimous vote of the commission.\n 3. The commission shall hold its initial meeting within thirty days of\nenactment of this section, following public notice by the county\nexecutive.\n 4. Every state agency and public corporation having jurisdiction of\nland or water within the Central Pine Barrens area or of programs\nrelating to the purposes and goals of this title shall, to the fullest\nextent practicable, offer full cooperation and assistance to the\ncommission in carrying out the provisions of this title.\n 5. Every local or regional agency with activities relating to the\nCentral Pine Barrens area may offer assistance to the commission in\ncarrying out the provisions of this title.\n 6. The commission shall have the power:\n (a) To prepare, adopt, enforce and ensure implementation of the\ncomprehensive land use plan, with the advice of the advisory committee;\n (b) To sue and be sued;\n (c) To make and execute contracts and all other instruments necessary\nor convenient for the exercise of its powers and functions under this\ntitle;\n (d) To establish and maintain such facilities as may be necessary for\nthe transacting of its business;\n (e) To appoint an executive officer, officers, agents, employees, and\nprescribe their duties and qualifications and fix their compensation;\n (f) To utilize to the extent feasible the staff and facilities of\nexisting state and county agencies, pursuant to an agreement to be made\nby the state or by the county of Suffolk;\n (g) To hold hearings in the exercise of its powers, functions and\nduties provided for by this title;\n (h) To contract for professional and technical assistance and advice;\n (i) To contract for and to accept any assistance, including but not\nlimited to gifts, grants or loans of funds or of property from the\nfederal government or any agency or instrumentality thereof, or from any\nagency or instrumentality of the state, or from any other public or\nprivate source and to comply, subject to the provisions of this title,\nwith the terms and conditions thereof;\n (j) To establish regulations, values, and standards which may include\na system of bonuses and incentives in order to purchase, sell, hold and\ntrade development rights as defined in paragraph a of subdivision one of\nsection two hundred sixty-one-a of the town law; such transfers may\ncross municipal and special district boundaries;\n (k) To adopt, amend and repeal, after public hearing (except in the\ncase of rules and regulations that relate to the organization or\ninternal management of the agency), such rules and regulations,\nconsistent with this title, as it deems necessary to administer this\ntitle, and to do any and all things necessary or appropriate to carry\nout the purposes and policies of this title and exercise powers granted\nby law;\n (k-1) To purchase the maximum insurance, practicable and affordable\nfrom revenues in the Pine Barrens fund pursuant to section\nninety-seven-o of the state finance law, from any duly authorized\ninsurer in this state, against any liability subject to indemnity\npursuant to subdivision six of section 57-0123 of this chapter;\n (k-2) To acquire, hold lands and interest in land, and utilize the\npower of eminent domain within available funds in the Pine Barrens fund\npursuant to section ninety-seven-o of the state finance law or made\navailable by local, county, or state government;\n (l) To provide scientific and technical assistance or to make grants\nto municipalities, towns and the county for revisions of local master\nplans, or the relevant ordinances designed to bring such plans and\nordinances into conformance with the comprehensive land use plan\nprepared and adopted by the commission. The commission may make such\ngrants from any funds which may be appropriated or otherwise made\navailable to it for such purpose;\n (m) To establish and maintain an education and outreach program\nrelating to the commission's work;\n (n) To convene conferences, seminars, meetings, technical sessions on\nits own or in coordination with federal, state, county, town or private\norganizations as deemed necessary relative to its responsibilities;\n (o) To report periodically to the governor and the legislature on the\nconduct of its activities not less than once a year, furnishing a copy\nof each such report to the legislative bodies of Suffolk county and the\ntowns and villages in whole or in part within the Central Pine Barrens\narea;\n (p) To assist local, county and state government in prioritization and\nnegotiation with private landowners whose property is restricted by the\nland use plan, to evaluate the impact of any restrictions and develop a\npackage of benefits; and\n (q) To have and exercise such other incidental and usual powers as are\nnecessary and appropriate to carry out its duties.\n 7. The commission shall within six months of the first meeting of the\ncommission:\n (a) Inventory all private parcels within the core preservation area.\n (b) Upon completion of the inventory, notify property owners and\nassign and calculate the development yield for each property located in\nthe core preservation area. Development yield may be calculated in\naccordance with such factors as area, floor area, floor area ratios,\ndensity, height limitations or other criteria that will effectively\nquantify a value for establishing development rights in a reasonable and\nuniform manner that will carry out the objectives of this title.\n 8. The commission shall within twelve months of the first meeting of\nthe commission:\n (a) Identify receiving districts within and without the Central Pine\nBarrens sufficient to receive and transfer of rights and values of the\ncore preservation area and for the continuation of an adequate program\nof development rights or development values.\n (b) Consider the fiscal impact of the established transfer of\ndevelopment rights and values system.\n 9. There is hereby created a Central Pine Barrens advisory committee\nto actively assist and advise the commission in the preparation,\nadoption and implementation of the Central Pine Barrens comprehensive\nland use plan. The committee shall consist of not more than twenty-eight\nmembers which shall include representatives of environmental groups,\neconomic development and real estate interests, farmers, water\nsuppliers, civic groups, planners, biologists, water quality scientists\nand recreational interests. The members of the committee shall serve\nwithout compensation. The initial members of the advisory committee\nshall include a representative of the Long Island Association, Long\nIsland Builders Institute, Association For A Better Long Island, Long\nIsland Board of Realtors, Long Island Farm Bureau, Suffolk County Water\nAuthority, SUNY at Stony Brook, Regional Plan Association, Long Island\nPine Barrens Society, Group For The South Fork, The Nature Conservancy,\nNorth Fork Environmental Council, Open Space Council, Long Island\nGreenbelt Trail Conference, Environmental Defense Fund, Eastern Suffolk\nBoard of Realtors, Southampton Alliance, South Fork Promotion Committee\nor their successors and interests, a member from the Long Island\nregional planning board, two members from the New York state legislative\ncommission on water resource needs of Long Island and a civic\nrepresentative from each of the towns of Southampton, Brookhaven and\nRiverhead designated by the supervisor thereof. The committee may be\nexpanded as necessary to incorporate other interests in the development\nand preservation of the Central Pine Barrens preserve. Each member shall\nserve at the pleasure of the entity which designated it. The committee\nby a majority vote shall elect a chairperson. The commission shall meet\nperiodically with the advisory committee, make available working draft\nand other documents, and shall provide services to the advisory\ncommittee as are necessary and appropriate to carry out its functions\nunder this title.\n