* § 57-0122. Carmans River watershed plan amendment.

Terms Used In N.Y. Environmental Conservation Law 57-0122

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Central Pine Barrens area: shall mean the contiguous area as described and bounded as follows:

    Beginning at a point where the southerly side of Route 25A intersects the easterly side of Miller Place Road; thence southward along the easterly boundary of Miller Place Road to Helme Avenue; thence southward along the easterly boundary of Helme Avenue to Miller Place-Middle Island Road; thence southward along the easterly boundary of Miller Place-Middle Island Road to Whiskey Road; thence westward along the southerly boundary of Whiskey Road to Mount Sinai-Coram Road; thence southward along the easterly boundary of Mount Sinai-Coram Road to Middle Country Road (Route 25); thence westward along the southerly boundary of Route 25 to Patchogue-Mount Sinai Road (County Route 83); thence southward along the easterly boundary of County Route 83 to Bicycle Path Drive; thence southeastward along the easterly side of Bicycle Path Drive to Mt. See N.Y. Environmental Conservation Law 57-0107
  • Commission: shall mean the Central Pine Barrens Joint Planning and Policy Commission established pursuant to section 57-0119 of this title. See N.Y. Environmental Conservation Law 57-0107
  • Core preservation area: shall mean the core preservation area of the Central Pine Barrens area which comprise the largest intact areas of undeveloped pine barrens as described and bounded as follows:

    Beginning at a point where the northwestern corner of the New York State Rocky Point Natural Resource Management Area (the "NYS Rocky Point Land") intersects the southerly side of NYS Route 25A; thence generally southward and eastward along the generally westerly and southerly boundaries of the NYS Rocky Point Land (including the Currans Road Pond State Wildlife Management Area, all adjacent or contiguous undeveloped Town of Brookhaven parks, preserves, open space areas, or reserved areas, and the crossings of the undeveloped Suffolk County property known as the Port Jefferson - Westhampton road right of way, Whiskey Road, County Route 21, and Currans Road), and including those properties identified as District 200, Section 346, Block 1, Lots 3 and 4, to the point where the NYS Rocky Point Land meets the northerly side of NYS Route 25 (Middle Country Road); thence eastward along the northerly boundary of NYS Route 25 to the southeastern corner of that property west of Woodlots Road which is identified as District 200, Section 349, Block 2, Lot 1. See N.Y. Environmental Conservation Law 57-0107
  • Development: shall mean the performance of any building activity or mining operation, the making of any material change in the use or intensity of use of any structure or land and the creation or termination of rights of access or riparian rights. See N.Y. Environmental Conservation Law 57-0107
  • Land use plan: shall mean the comprehensive Central Pine Barrens land use plan pursuant to section 57-0121 of this title, including the generic environmental impact statement thereon. See N.Y. Environmental Conservation Law 57-0107
  • Plan: shall mean the comprehensive management plan created pursuant to section 57-0115 of this title. See N.Y. Environmental Conservation Law 57-0107

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 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 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 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

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