§ 57-0121 — Central Pine Barrens comprehensive land use plan; interim regulations

§ 57-0121. Central Pine Barrens comprehensive land use plan; interim\n regulations.\n 1. As soon as practicable and within twelve months of the effective\ndate of this section, the commission shall, after consultation with the\nadvisory committee, prepare or cause to be prepared a draft\ncomprehensive land use plan and generic environmental impact statement\nthereon which shall be part of the plan for the Central Pine Barrens\narea. The land use plan shall be designed to preserve the Pine Barrens\necology and to ensure the high quality of groundwater within the Central\nPine Barrens area and to balance the public and private interests in\ndevelopment and in protection of the Pine Barrens ecology consistent\nwith the objectives of the land use plan. Where local plans exist, the\ncommission shall evaluate and incorporate such plans as is appropriate\nin the land use plan.\n 2. The land use plan for the Central Pine Barrens area shall be\ndesigned to:\n (a) protect, preserve and enhance the functional integrity of the Pine\nBarrens ecosystem and the significant natural resources, including plant\nand animal populations and communities, thereof;\n (b) protect the quality of surface water and groundwater;\n (c) discourage piecemeal and scattered development;\n (d) promote active and passive recreational and environmental\neducational uses that are consistent with the land use plan; and\n (e) accommodate development, in a manner consistent with the long term\nintegrity of the Pine Barrens ecosystem and to ensure that the pattern\nof development is compact, efficient and orderly.\n 3. The land use plan with respect to the core preservation area shall\nbe designed to protect and preserve the ecologic and hydrologic\nfunctions of the Pine Barrens by:\n (a) preserving the Pine Barrens area in their natural state thereby\ninsuring the continuation of Pine Barrens environments which contain the\nunique and significant ecologic, hydrogeologic and other resources\nrepresentative of such environments;\n (b) promoting compatible agricultural, horticultural and open space\nrecreational uses within the framework of maintaining a Pine Barrens\nenvironment and minimizing the impact of such activities thereon;\n (c) prohibiting or redirecting new construction or development;\n (d) accommodating specific Pine Barrens management practices, such as\nprescribed burning, necessary to maintain the special ecology of the\npreservation area;\n (e) protecting and preserving the quality of surface and groundwaters;\nand\n (f) coordinating and providing for the acquisition of private land\ninterests as appropriate and consistent with available funds.\n 4. The land use plan with respect to the compatible growth areas shall\nbe designed to:\n (a) preserve and maintain the essential character of the existing Pine\nBarrens environment, including plant and animal species indigenous\nthereto and habitats therefor;\n (b) protect the quality of surface and groundwaters;\n (c) discourage piecemeal and scattered development;\n (d) encourage appropriate patterns of compatible residential,\ncommercial, agricultural, and industrial development in order to\naccommodate regional growth influences in an orderly way while\nprotecting the Pine Barrens environment from the individual and\ncumulative adverse impacts thereof;\n (e) accommodate a portion of development redirected from the\npreservation area. Such development may be redirected across municipal\nboundaries; and\n (f) allow appropriate growth consistent with the natural resource\ngoals pursuant to this title.\n 5. Preparation of the land use plan shall be based on the following\nplanning studies and reports:\n (a) Previously undertaken and current groundwater and ecological\nstudies pertaining to the reserve, generally, and the Central Pine\nBarrens area, specifically;\n (b) General planning studies of the reserve, generally, and the\nCentral Pine Barrens area, specifically, including but not limited to:\n (i) population and population distribution;\n (ii) amount, type, intensity, and general location of commerce,\nindustry and agricultural production;\n (iii) amount, type, quality, and general location of housing;\n (iv) general location and extent of existing or currently planned\nmajor transportation, utility, and community facilities;\n (v) amount, general location, and interrelationship of different\ncategories of land use;\n (vi) areas, sites, or structures of historical, archaeological,\narchitectural, or scenic significance;\n (vii) natural resources, including air, water, open spaces, forests,\nsoils, rivers, wetlands and other waters, shorelines, fisheries,\nwildlife, vegetation, threatened species, and minerals; and\n (viii) any other matter found to be important to preservation and\nfuture development.\n (c) Scientific research prepared for other hydrological or ecological\nareas analogous to the reserve, generally, and the Central Pine Barrens\narea specifically. Such studies and reports may include, but are not\nlimited to those undertaken by the New Jersey Pinelands commission or\nCape Code commission.\n (d) Public improvement studies including but not limited to the area\nor subareas within the Central Pine Barrens area or outside such area\nhaving an aggregation of sites with development potential to facilitate\napplication of transfer of development rights that could create the need\nfor new public improvements and/or public improvement expansions;\n (e) Advisory committee recommendations or reports.\n 6. The land use plan shall provide for, address and include but not be\nlimited to the following:\n (a) Statements of objectives, policies and standards as they pertain\nto the purposes of this title and the land use plan.\n (b) A map depicting the core preservation area.\n (c) A map depicting compatible growth areas in the Central Pine\nBarrens area where orderly and environmentally compatible development\ncan be encouraged and to which development potential within the preserve\nmay be transferred.\n (d) A phased public improvement element for providing the public\nfacilities necessary for carrying out the goals for the core\npreservation and compatible growth areas.\n (e) Identification and mapping of critical resource areas within the\nCentral Pine Barrens area which are of regional or statewide\nsignificance. Such areas shall include fragile lands, significant\nshorelands of rivers, lakes, and streams; freshwater wetlands;\nsignificant wildlife habitats; unique scenic or historic features; and\nrare or valuable ecosystems and geological formations which are of\nregional or statewide significance.\n (f) Identification of sending districts in core preservation and\ncompatible growth areas and receiving districts in compatible growth\nareas and outside the Central Pine Barrens area for the purpose of\nproviding for the transfer of development rights and values to further\nthe preservation and development goals of the land use plan and\nmethodologies and standards for procedural equity and appropriate values\nin establishing rights and values consistent with the provisions of\nsection two hundred sixty-one-a of the town law.\n (g) Identification of land suitable for agricultural use and necessary\nand appropriate strategies to protect land capable of agricultural\nproduction.\n (h) Development criteria and performance standards.\n (i) An intergovernmental coordination and consistency component\nestablishing the ways in which state and local programs and policies may\nbest be coordinated to promote the goals and implement the policies of\nthe land use plan.\n (j) A financial component analyzing the public and private costs of\ndeveloping and implementing the land use plan which shall include:\n (i) detailed costs including those for infrastructure improvements,\nacquisition of fee simple or other interests in lands for preservation\nor recreation purposes, compensation guarantees, general administrative\ncosts and any anticipated extraordinary or continuing costs; and\n (ii) the source of revenue for covering such costs, including, but not\nlimited to, grants, donations and loans from local, state and federal\ndepartments and agencies and from the private sector.\n (k) A program for state, county and local governmental implementation\nof the comprehensive land use plan and the various elements thereof in a\nmanner that will insure the continued, uniform, and consistent\nprotection of the Pine Barrens ecosystem and development objectives\nincluding:\n (i) minimum standards for the adoption, as required in this title, of\nmunicipal and county plans, codes and ordinances concerning the\ndevelopment and use of land including, but not limited to, standards for\nminimum lot sizes, site clearance and wetland setbacks, appropriate\npopulation and densities and regulated or prohibited uses for specific\nportions of the Pine Barrens area and procedures for determining\nhardship consistent with the purposes and provisions of this title;\n (ii) guidelines and standards for review of projects of regional\nsignificance which because of scale of intensity of use or location are\nlikely to impede implementation of the land use plan; and\n (iii) guidelines for consistency with the land use plan by state,\ncounty and local agencies.\n (l) Professional staffing requirements necessary to carry out the land\nuse plan.\n (m) Land protection mechanisms, including, but not limited to,\nacquisition, conservation easements, rights and values transfers,\npurchase of development rights, donations and clustering, planned unit\ndevelopment, land trusts, exchanges between privately and publicly owned\nlands, or other zoning activities consistent with the provisions of this\ntitle.\n (n) Provisions for use of best management practices, in all natural\nresource-dependent commercial and industrial activities, including\nagriculture, horticulture and related activities.\n (o) Provisions for restoration of natural and cultural resources where\nsuch resources have been damaged, lost, or otherwise impaired. Such work\nshall address restoration of Pine Barrens habitats, stream and shore\nrevitalization, historic structures, traditional industries\ndemonstration programs, and strengthening of community character which\nwill be consistent with the provisions of the comprehensive management\nplan pursuant to section 57-0115 of this title.\n (p) Provisions for cumulative impact analyses, both environmental and\neconomic, for the effects of development, preservation, financial\npolicies and related factors upon the Central Pine Barrens area, its\nprivate and public open space, its residents and constituents, school\nand other special districts, and other pertinent aspects or demographic\nsectors.\n (q) Recommendations for further legislation at the state, county, and\nlocal levels as may be necessary to fully implement the provisions of\nthis title.\n (r) Provisions for management and stewardship of natural and cultural\nresources which shall include coordination by owners of public lands\nwhich will be consistent with the provisions of the comprehensive\nmanagement plan pursuant to section 57-0115 of this title.\n (s) Provisions for appropriate and relevant scientific research\nrelating to the species, ecological communities and processes, natural\nlandscape features, and surface and groundwater resources of the Central\nPine Barrens necessary to ensure and enhance the long-term management of\nthe preserve. Such research may be addressed in a cooperative effort\nwith the state university of New York at Stony Brook through its\nbiological research station, established by the department of ecology\nand evolution.\n (t) Provisions for fire management for controlled, prescribed burning,\nand responses to unanticipated fires. This shall include coordination\namong the department and local fire departments.\n (u) Description of developments of regional significance.\n The land use plan shall also, as funds permit, provide for a follow-up\nplan to be undertaken by the commission for a partnership infrastructure\nand sustainable development plan for the reserve. Based on the land use\nplan and the comprehensive management plan, such follow up plan shall be\ndesigned to (i) coordinate the activities of all governmental entities\nin the provision of infrastructure necessary to support orderly\ndevelopment in the compatible growth areas and support of sustainable\ndevelopment in the reserve outside of the preserve; and (ii) coordinate\nand focus investment in sustainable development efforts.\n 7. Notwithstanding any provision contrary to any other provisions of\narticle eight of this chapter, the commission shall be the lead agency\nfor the generic environmental impact statement which is part of the land\nuse plan. Such generic environmental impact statement shall be prepared\nin accordance with the provisions of article eight of this chapter.\n 8. In order to effectuate the purposes and provisions of this title,\nno person, public corporation or the state shall undertake or otherwise\nengage in development within the Central Pine Barrens area prior to\napproval and implementation of the land use plan except as provided by\nthis section. No amendments to the existing town or village zoning laws,\nordinances or regulations affecting development within the Central Pine\nBarrens area shall take effect prior to the approval of the land use\nplan as provided in this chapter except that a town may as part of a\nzoning ordinance adopted pursuant to article sixteen of the town law or\nby local law pursuant to other enabling law, provide for a planned unit\ndevelopment or planned development district ordinance for a development\nfor which the designated lead agency, on or before June first, nineteen\nhundred ninety-three, accepted a draft environmental impact statement or\ndraft generic environmental impact statement under article eight of this\nchapter. The provisions of this section shall not apply to development\nin the compatible growth area for which:\n (a) the designated lead agency, on or before June first, nineteen\nhundred ninety-three, accepted a draft environmental impact statement or\ndraft generic environmental impact statement or issued a conditioned\nnegative declaration or a negative declaration under article eight of\nthis chapter, or\n (b) all required municipal and state permits and approvals were issued\non or before June first, nineteen hundred ninety-three (except that a\nbuilding permit need not have been issued by said date), or\n (c) The designated lead agency, after June first, nineteen hundred\nninety-three and prior to ninety days immediately following adoption of\nthis section or as extended at the discretion of the commission in its\ninterim rules and regulations adopted pursuant to section nine herein,\nissues on an active application a conditioned negative declaration or a\nnegative declaration under article eight of this chapter and which does\nconform to the use and lot area requirements of the zoning in effect in\nthe relevant municipality on June first, nineteen hundred ninety-three,\nand does not necessitate a use variance. Notwithstanding the foregoing,\nin the event a commissioner within thirty days of receiving notice of\nsaid issuance requests review of the action by the full commission, the\ndevelopment shall be subject to the interim rules and regulations and\nreviewed as provided for in section nine herein.\n In the event that an event referred to herein (acceptance of a draft\nenvironmental impact statement or draft generic environmental impact\nstatement; issuance of a conditioned negative declaration or negative\ndeclaration; or issuance of a required permit or approval) is annulled\nor vacated by a court of competent jurisdiction and such judicial action\nhas not been reversed by a superior court, then, for purposes of this\nsection, such event shall be deemed not to have taken place.\n Notwithstanding any other provision of law, any development which\nincludes land within the core preservation area for which the designated\nlead agency, on or before June first, nineteen hundred ninety-three,\naccepted a draft environmental impact statement or draft generic\nenvironmental impact statement shall not require a supplemental draft or\ngeneric environmental impact statement under article eight of this\nchapter solely because such development includes land within the core\npreservation area.\n 9. Within three months of the effective date of this section, the\ncommission shall publish interim goals and standards for development and\nfor hardship before the land use plan is implemented in compatible\ngrowth areas identified in the map. The commission may vary the\nprocedures and time periods for compliance with article eight of this\nchapter as necessary and appropriate to comply with the three month\ndeadline of this subdivision. Upon such publication, development may\nproceed in such compatible growth areas subject to existing laws,\nregulations and approval procedures and subject to the review and\napproval of the commission. Any person, the state or a public\ncorporation applying for development in such compatible growth areas who\nhas received all necessary local and state approvals may petition the\ncommission for approval of the development. Within thirty days of an\napplication being received, the commission shall provide the applicant\nand any other interested party an opportunity to be heard. Notice of\nsuch hearing shall be published in a newspaper having a general\ncirculation in the Central Pine Barrens area, and notice of such hearing\nshall also be given by registered mail to the chief administrative\nofficer of each town and village within whose boundary any proposed\ndevelopment is located. If the proposed development is consistent with\nthe commission's interim goals and standards, the commission shall\napprove the development and may include conditions for approval. If the\napplicant seeks an exemption based upon a demonstration of hardship, the\ncommission may approve development in the compatible growth area upon\nthe finding that such interim goals and standards caused an unnecessary\nhardship. In making such finding the commission shall consider the\ncriteria for a use variance pursuant to section two hundred\nsixty-seven-b of the town law. The commission must make a decision\nwithin one hundred twenty days of receipt of a complete application. If\nthe commission fails to make a decision within one hundred twenty days,\nthe development shall be deemed to be approved by the commission, unless\nextended by mutual agreement of the applicant and commission.\n 10. Any person, the state or a public corporation upon a showing of\nhardship caused by the provisions of subdivision eight of this section\non development in the core preservation area, may apply to the\ncommission for a permit exempting such applicant from such subdivision\neight in connection with any proposed development in the core\npreservation area. Such application for an exemption pursuant to the\ndemonstration of hardship within the core preservation area shall be\napproved only if the person satisfies the following conditions and\nextraordinary hardship or compelling public need is determined to have\nbeen established under the following standards or for development by the\nstate or a public corporation or proposed for land owned by the state or\na public corporation compelling public need is determined to have been\nestablished under the following standards:\n (a) The particular physical surroundings, shape or topographical\nconditions of the specific property involved would result in an\nextraordinary hardship, as distinguished from a mere inconvenience, if\nthe provisions of this act are literally enforced. A person shall be\ndeemed to have established the existence of extraordinary hardship only\nif he or she demonstrates, based on specific facts, that the subject\nproperty does not have any beneficial use if used for its present use or\ndeveloped as authorized by the provisions of this title, and that this\ninability to have a beneficial use results from unique circumstances\npeculiar to the subject property which:\n (i) Do not apply to or affect other property in the immediate\nvicinity;\n (ii) Relate to or arise out of the characteristics of the subject\nproperty rather than the personal situation of the applicant; or\n (iii) Are not the result of any action or inaction by the applicant or\nthe owner or his or her predecessors in title including any transfer of\ncontiguous lands which were in common ownership on or after June 1,\n1993.\n (b) A person, the state or a public corporation shall be deemed to\nhave established compelling public need if the applicant demonstrates,\nbased on specific facts, one of the following:\n (i) The proposed development will serve an essential health or safety\nneed of the municipalities in the Central Pine Barrens such that the\npublic health and safety require the requested waiver, that the public\nbenefits from the proposed use are of a character that overrides the\nimportance of the protection of the core preservation area as\nestablished in this title, that the proposed use is required to serve\nexisting needs of the residents, and that no feasible alternatives exist\noutside the core preservation area to meet the established public need\nand that no better alternatives exist within the county; or\n (ii) The proposed development constitutes an adaptive reuse of an\nhistoric resource designated by the commission and said reuse is the\nminimum relief necessary to ensure the integrity and continued\nprotection of the designated historic resource and further that the\ndesignated historic resource's integrity and continued protection cannot\nbe maintained without the granting of a permit.\n (c) An application for a permit in the core preservation area shall be\napproved only if it is determined that the following additional\nstandards also are met:\n (i) The granting of the permit will not be materially detrimental or\ninjurious to other property or improvements in the area in which the\nsubject property is located, increase the danger of fire, endanger\npublic safety or result in substantial impairment of the resources of\nthe core preservation area;\n (ii) The waiver will not be inconsistent with the purposes, objectives\nor the general spirit and intent of this title; or\n (iii) The waiver is the minimum relief necessary to relieve the\nextraordinary hardship, which may include the granting of a residential\ndevelopment right to other lands in the compatible growth area that may\nbe transferred or clustered to those lands to satisfy the compelling\npublic need.\n Any waiver or exemption granted under the provisions of this part\nshall only be considered an exemption or waiver of the particular\nstandard of this title which the commission waived. It shall not\nconstitute an approval of the entire development proposal. Nor shall it\nconstitute a waiver from any requirements contained within any local,\ncounty or state law or ordinance.\n Within thirty days of the application being received, the commission\nshall provide the applicant and any other interested party an\nopportunity to be heard. Notice of any public hearing conducted in\nconnection with an application for such a permit shall be published in a\nnewspaper of general circulation in the Central Pine Barrens area. If\nthe proposed development is not contrary to the policy or any provision\nof this title and meets the standards of extraordinary hardship or\npublic need herein, and the commission so finds, it may issue a permit\nallowing the development or such development subject to appropriate\nconditions or modifications to occur, provided that permission may be\nrevoked by the commission if its terms are violated, and provided\nfurther that any such hardship permit issued by the commission shall be\nin addition to, and not in lieu of, such permit or permits as may be\nrequired by any state agency or municipality within whose boundary such\ndevelopment is located. The time within which the commission must decide\na core preservation area hardship application for which a negative\ndeclaration has been made by the commission pursuant to article eight of\nthis chapter is one hundred twenty days from receipt of such\napplication. The time within which the commission must decide a core\npreservation area hardship application for which a positive declaration\nhas been made by the commission pursuant to article eight of this\nchapter is sixty days from issuance of a findings statement by the\ncommission pursuant to article eight of this chapter. If the commission\nfails to make a decision within the aforesaid time periods, the\ndevelopment shall be deemed to be approved by the commission, unless\nextended by mutual agreement of the applicant and commission.\n 11. In preparation of the land use plan, the commission shall:\n (a) consult with appropriate officials of any regional, state or\nfederal agency which has jurisdiction over lands and waters within the\nCentral Pine Barrens area;\n (b) consult with the officials of any municipality which has\njurisdiction over lands and waters within the Central Pine Barrens area;\n (c) consult with interested professional, scientific and citizens'\norganizations; and\n (d) consult with citizens' committees.\n 12. Following consultation with the advisory committee and within the\ntwelve month period established therefor, the commission shall publish\nthe draft land use plan. Within three months of such publication, the\ncommission shall hold public informational meetings in the towns of\nBrookhaven, Riverhead and Southampton and at least one public hearing\nwithin the Central Pine Barrens area. During this period the commission\nshall receive and review comments on the draft land use plan-generic\nenvironmental impact statement from state and local governments and the\npublic and within three months, the commission shall recommend a revised\ncomprehensive land use plan pursuant to this title to the respective\ntown boards of such towns for their ratification and adoption. Within\ntwo months of the commission recommending the plan to the respective\ntown boards, the town boards shall perform a comprehensive review of the\nplan and shall provide final comments to the commission. The commission\nat its discretion may modify the plan as requested by the town\nrepresentatives. After modifying the plan as necessary, the commission\nshall prepare a draft supplemental generic environmental impact\nstatement and a final generic environmental impact statement, and the\ntowns and commission shall adopt the necessary statement of findings\npursuant to article eight of this chapter. Ratification and adoption of\nthe plan by the town boards of Brookhaven, Riverhead, and Southampton\nshall represent commitment to implementation of the provisions contained\ntherein. Upon ratification and adoption by such three towns, the\ncommission itself will formally adopt the plan-generic environmental\nimpact statement and its provisions shall be in full force. Adoption by\nthe commission shall only be upon the signature of the governor, county\nexecutive of Suffolk county, supervisor of the town of Brookhaven,\nsupervisor of the town of Riverhead and supervisor of the town of\nSouthampton.\n 13. Not less than once every five years after the land use plan has\nbecome effective, the commission shall review and, if appropriate, make\namendments to the land use plan and update the generic impact statement.\nWithin each such period, the commission shall hold a public hearing and\nshall receive comments on the effectiveness of implementation of the\nland use plan. Not less than thirty days before voting on an amendment\nto the land use plan, the commission shall publish notice thereof in a\nnewspaper of general circulation in the Central Pine Barrens area.\n