N.Y.
Environmental Conservation Law Section 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 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 § 57-0105 (Legislative findings and intent)section 57-0105 of this title, and the plan goals enumerated in subdivisions two, three and four of § 57-0121 (Central Pine Barrens comprehensive land use plan)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 development rights, including but not limited to the creation of receiving zones for the use of such rights adequate to achieve the goals of preservation 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 thirteen of § 57-0121 (Central Pine Barrens comprehensive land use plan)section 57-0121 of this title. Such plan amendment shall be ratified by the Brookhaven town board, pursuant to a duly adopted resolution of such board.4.
Upon adoption and ratification of the plan amendment, such amendment 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 regulations.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. * NB Repealed 9 months after September 23, 2011 if the Central Pine Barrens Joint Policy Commission does not adopt the plan pursuant to chapter 538/2011 § 3
Source:
Section 57-0122 — Carmans River watershed plan amendment, https://www.nysenate.gov/legislation/laws/ENV/57-0122 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
