N.Y. Environmental Conservation Law § 57-0119: Central Pine Barrens joint planning and policy commission

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

1. It is hereby found, determined and declared that the Long Island

Central Pine Barrens area is a major resource area of statewide

significance where the hydrological and ecological integrity is

endangered; that a public entity representative of town, county and

state government is necessary and appropriate to plan, manage and

oversee land use within the Central Pine Barrens area of Long Island

Pine Barrens Maritime reserve in the public interest for present and

future generations; and that the Central Pine Barrens joint planning and

policy commission created by this section and its purposes are in all

respects for the benefit of the people of the state of New York and are

a public purpose.

2. There is hereby established, the Central Pine Barrens joint

planning and policy commission to consist of five voting members: one

member appointed by the governor who will serve at the pleasure of the

governor and four ex officio members who are the county executive of

Suffolk county, the supervisor of the town of Brookhaven, the supervisor

of the town of Riverhead and the supervisor of the town of Southampton.

Each ex officio member may appoint a designated representative, by

official authority filed with the commission, to exercise his or her

powers and perform his or her duties, including the right to vote, on

the commission. The commission shall elect one of its members as

chairperson. Four members shall constitute a quorum for the transaction

of any business or the exercise of any power or function of the

commission. An affirmative vote of three or more members shall be

required to pass a resolution or otherwise exercise any functions or

powers of the commission, except the adoption of the plan which requires

a unanimous vote of the commission.

3. The commission shall hold its initial meeting within thirty days of

enactment of this section, following public notice by the county

executive.

4. Every state agency and public corporation having jurisdiction of

land or water within the Central Pine Barrens area or of programs

relating to the purposes and goals of this title shall, to the fullest

extent practicable, offer full cooperation and assistance to the

commission in carrying out the provisions of this title.

5. Every local or regional agency with activities relating to the

Central Pine Barrens area may offer assistance to the commission in

carrying out the provisions of this title.

6. The commission shall have the power:

(a) To prepare, adopt, enforce and ensure implementation of the

comprehensive land use plan, with the advice of the advisory committee;

(b) To sue and be sued;

(c) To make and execute contracts and all other instruments necessary

or convenient for the exercise of its powers and functions under this

title;

(d) To establish and maintain such facilities as may be necessary for

the transacting of its business;

(e) To appoint an executive officer, officers, agents, employees, and

prescribe their duties and qualifications and fix their compensation;

(f) To utilize to the extent feasible the staff and facilities of

existing state and county agencies, pursuant to an agreement to be made

by the state or by the county of Suffolk;

(g) To hold hearings in the exercise of its powers, functions and

duties provided for by this title;

(h) To contract for professional and technical assistance and advice;

(i) To contract for and to accept any assistance, including but not

limited to gifts, grants or loans of funds or of property from the

federal government or any agency or instrumentality thereof, or from any

agency or instrumentality of the state, or from any other public or

private source and to comply, subject to the provisions of this title,

with the terms and conditions thereof;

(j) To establish regulations, values, and standards which may include

a system of bonuses and incentives in order to purchase, sell, hold and

trade development rights as defined in paragraph a of subdivision one of

section two hundred sixty-one-a of the town law; such transfers may

cross municipal and special district boundaries;

(k) To adopt, amend and repeal, after public hearing (except in the

case of rules and regulations that relate to the organization or

internal management of the agency), such rules and regulations,

consistent with this title, as it deems necessary to administer this

title, and to do any and all things necessary or appropriate to carry

out the purposes and policies of this title and exercise powers granted

by law;

(k-1) To purchase the maximum insurance, practicable and affordable

from revenues in the Pine Barrens fund pursuant to section

ninety-seven-o of the state finance law, from any duly authorized

insurer in this state, against any liability subject to indemnity

pursuant to subdivision six of section 57-0123 of this chapter;

(k-2) To acquire, hold lands and interest in land, and utilize the

power of eminent domain within available funds in the Pine Barrens fund

pursuant to section ninety-seven-o of the state finance law or made

available by local, county, or state government;

(l) To provide scientific and technical assistance or to make grants

to municipalities, towns and the county for revisions of local master

plans, or the relevant ordinances designed to bring such plans and

ordinances into conformance with the comprehensive land use plan

prepared and adopted by the commission. The commission may make such

grants from any funds which may be appropriated or otherwise made

available to it for such purpose;

(m) To establish and maintain an education and outreach program

relating to the commission's work;

(n) To convene conferences, seminars, meetings, technical sessions on

its own or in coordination with federal, state, county, town or private

organizations as deemed necessary relative to its responsibilities;

(o) To report periodically to the governor and the legislature on the

conduct of its activities not less than once a year, furnishing a copy

of each such report to the legislative bodies of Suffolk county and the

towns and villages in whole or in part within the Central Pine Barrens

area;

(p) To assist local, county and state government in prioritization and

negotiation with private landowners whose property is restricted by the

land use plan, to evaluate the impact of any restrictions and develop a

package of benefits; and

(q) To have and exercise such other incidental and usual powers as are

necessary and appropriate to carry out its duties.

7. The commission shall within six months of the first meeting of the

commission:

(a) Inventory all private parcels within the core preservation area.

(b) Upon completion of the inventory, notify property owners and

assign and calculate the development yield for each property located in

the core preservation area. Development yield may be calculated in

accordance with such factors as area, floor area, floor area ratios,

density, height limitations or other criteria that will effectively

quantify a value for establishing development rights in a reasonable and

uniform manner that will carry out the objectives of this title.

8. The commission shall within twelve months of the first meeting of

the commission:

(a) Identify receiving districts within and without the Central Pine

Barrens sufficient to receive and transfer of rights and values of the

core preservation area and for the continuation of an adequate program

of development rights or development values.

(b) Consider the fiscal impact of the established transfer of

development rights and values system.

9. There is hereby created a Central Pine Barrens advisory committee

to actively assist and advise the commission in the preparation,

adoption and implementation of the Central Pine Barrens comprehensive

land use plan. The committee shall consist of not more than twenty-eight

members which shall include representatives of environmental groups,

economic development and real estate interests, farmers, water

suppliers, civic groups, planners, biologists, water quality scientists

and recreational interests. The members of the committee shall serve

without compensation. The initial members of the advisory committee

shall include a representative of the Long Island Association, Long

Island Builders Institute, Association For A Better Long Island, Long

Island Board of Realtors, Long Island Farm Bureau, Suffolk County Water

Authority, SUNY at Stony Brook, Regional Plan Association, Long Island

Pine Barrens Society, Group For The South Fork, The Nature Conservancy,

North Fork Environmental Council, Open Space Council, Long Island

Greenbelt Trail Conference, Environmental Defense Fund, Eastern Suffolk

Board of Realtors, Southampton Alliance, South Fork Promotion Committee

or their successors and interests, a member from the Long Island

regional planning board, two members from the New York state legislative

commission on water resource needs of Long Island and a civic

representative from each of the towns of Southampton, Brookhaven and

Riverhead designated by the supervisor thereof. The committee may be

expanded as necessary to incorporate other interests in the development

and preservation of the Central Pine Barrens preserve. Each member shall

serve at the pleasure of the entity which designated it. The committee

by a majority vote shall elect a chairperson. The commission shall meet

periodically with the advisory committee, make available working draft

and other documents, and shall provide services to the advisory

committee as are necessary and appropriate to carry out its functions

under this title.