[Added 9-26-1995 by L.L. No. 46-1995]
A.
The Town Board finds that concern about pine barrens
destruction, forest fragmentation, loss of biodiversity, disruption
of ecological functions and processes, ground and surface water contamination,
diminishment of open space, loss of natural scenery, depletion of
recreational resources and forfeiture of research and educational
opportunities has created new demands for scientific, economic, social
and conservation planning to reduce the potential for adverse environmental
effects to the relatively unique biome referred to as the Southampton
portion of the Central Pine Barrens.
B.
The Town Board also finds that there are inadequacies
in existing policies, methods and mechanisms for balancing land use
and environmental protection needs. Hence, more effective measures
and approaches are required at the Town level to improve planning
and ensure a rational and holistic approach to the sustainable and
environmentally sound use of pine barrens resources.
C.
The overall goal of this article is to equitably meet
the economic and environmental needs of the present and future generations,
and achieve sustainable development. This is to be accomplished by
making maintenance and recovery of the health and integrity of Southampton's
ecosystems an integral part of the land-use planning and development
process.
D.
The objective of this article is to provide consistency
with the goals of the Central Pine Barrens Comprehensive Land Use
Plan adopted by the Town Board on June 27, 1995, adopted by Central
Pine Barrens Joint Planning and Policy Commission on June 28, 1995,
and signed by the Governor of the State of New York on June 28, 1995,
pursuant to the provisions of Article 57 of the New York State Environmental
Conservation Law, as follows:
(1)
To protect, preserve and enhance the functional integrity
of the Pine Barrens ecosystem and the significant natural resources,
including plant and animal populations and communities, thereof.
(2)
To protect the quality of surface water and groundwater.
(3)
To discourage piecemeal and scattered development.
(4)
To promote active and passive recreational and environmental
educational uses that are consistent with the land use plan.
(5)
To accommodate development, in a manner consistent
with the long-term integrity of the Pine Barrens ecosystem and to
ensure that the pattern of development is compact, efficient and orderly.
E.
Particular objectives for land use with respect to
the Central Pine Barrens core preservation area as set forth in the
plan and Environmental Conservation Law § 57-0121, Subdivision
3, include:
(1)
Preserving the Pine Barrens in their natural state
thereby ensuring the continuation of the unique and significant ecologic,
hydrogeologic and other resources representative of such environments.
(2)
Promoting compatible agricultural, horticultural and
open space recreational uses within the framework of maintaining a
pine barrens environment and minimizing the impact of such activities
thereon.
(3)
Prohibiting or redirecting new construction or development.
(4)
Accommodating specific pine barrens management practices,
such as prescribed burning, necessary to maintain the special ecology
of the preservation area.
(5)
Protecting and preserving the quality of surface and
groundwaters.
F.
Particular objectives for land use with respect to
the Central Pine Barrens compatible growth area as set forth in the
plan and Environmental Conservation Law § 57-0121, Subdivision
4, include:
(1)
Preserve and maintain the essential character of the
existing pine barrens environment, including plant and animal species
indigenous thereto and habitats therefor.
(2)
Protect the quality of surface and groundwaters.
(3)
Discourage piecemeal and scattered development.
(4)
Encourage appropriate patterns of compatible residential,
commercial, agricultural and industrial development in order to accommodate
regional growth influences in an orderly way while protecting the
pine barrens environment from the individual and cumulative adverse
impacts thereof.
(5)
Accommodate a portion of the development redirected
from the core preservation area.
(6)
Allow appropriate growth consistent with stated natural
resources goals.
The provisions of this article shall apply to
lands in the Town outside of incorporated villages located within
the boundaries of the Central Pine Barrens area as defined in § 57-0107,
Subdivision 10, of the New York State Environmental Conservation Law,
as same may be amended from time to time.
The terms and words used in this article shall
be ascribed the meaning and uses generally attributable to them in
the other sections of this chapter unless otherwise specifically interpreted
or defined. As used in this chapter, the following terms shall have
the meanings as indicated:
The area of the Town outside of incorporated villages defined
in § 57-0107, Subdivision 10, of the New York State Environmental
Conservation Law, as same may be amended from time to time.
The area of the Town within the Central Pine Barrens area,
but outside the core preservation area, as defined in § 57-0107,
Subdivision 10, of the New York State Environmental Conservation Law,
as same may be amended from time to time.
The area of the Town within the Central Pine Barrens area
which contains the largest intact areas of undeveloped pine barrens,
as defined in § 57-0107, Subdivision 11, of the New York
State Environmental Conservation Law, as same may be amended from
time to time.
The performance of any building 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, as defined in § 57-0107, Subdivision
13, of the New York State Environmental Conservation Law, as same
may be amended from time to time.
The legal interest and rights permitted to a lot, parcel
or area of land under this chapter respecting permissible use, area,
density, bulk or height of improvements executed thereon.
A development right allocated for lands within the Central
Pine Barrens area.
An instrument issued on behalf of the Central Pine Barrens
Joint Planning and Policy Commission which indicates the number of
Pine Barrens credits to which an owner of a particular parcel of land
is entitled and which attests to the fact that the development rights
have been severed from such parcel by the recording of a conservation
easement, and that such rights are available for sale or use.
The Central Pine Barrens Comprehensive Land Use Plan adopted
by the Town Board on June 27, 1995, adopted by the Central Pine Barrens
Joint Planning and Policy Commission on June 28, 1995, and signed
by the Governor of the State of New York on June 28, 1995, pursuant
to the provisions of Article 57 of the New York State Environmental
Conservation Law.
One or more designated districts or areas of land to which
development rights or Pine Barrens credits, generated from one or
more sending districts or area, may be transferred and in which increased
development is permitted to occur by reason of such transfer.
One or more designated districts or areas of land in which
development rights or Pine Barrens credits are designated for use
in one or more receiving districts or areas.
The process by which development rights or Pine Barrens credits
are transferred from one lot, parcel or area of land in any sending
district to another lot, parcel or area of land in one or more receiving
districts.
Whenever the provisions of any other statute,
law, rule or regulation impose stricter standards to protect the natural
resources of the Central Pine Barrens area, the stricter standard
shall govern.
A.
To ensure consistency with the Central Pine Barrens
Comprehensive Land Use Plan, all development in the core preservation
area shall be prohibited, unless the owner of said land obtains a
hardship exemption or waiver from the strict compliance with the plan
from the Central Pine Barrens Joint Planning and Policy Commission
pursuant to § 57-0121 of the New York State Environmental
Conservation Law.
B.
Notwithstanding the provisions of the aforementioned Subsection A, uses which do not constitute development or uses for which the landowner has obtained a hardship exemption or waiver from the strict compliance with the plan may be permitted in the core preservation area, provided that said use complies with all other applicable provisions of this chapter.
C.
Notwithstanding the provisions of the aforementioned Subsection A, any legally existing, expanded or new activity involving agriculture or horticulture may be permitted in the core preservation area, provided that said use does not involve material alteration of native vegetation and said use complies with all other applicable provisions of this chapter. The erection of accessory agricultural buildings or structures required for the production of plants and animals may be permitted, provided that said buildings or structures comply with all other applicable provisions of this chapter. Uses, buildings or structures that involve the material alteration of native vegetation shall be prohibited as provided in Subsection A.
A.
To ensure consistency with the Central Pine Barrens
Comprehensive Land Use Plan, all development in the compatible growth
area shall comply with the following standards:
(1)
All development subject to Article 6 of the Suffolk
County Sanitary Code shall meet the applicable requirements of the
Suffolk County Department of Health Services.
(2)
Where deemed practical by the county or state, sewage
treatment plant discharge shall be outside and downgradient of the
Central Pine Barrens.
(3)
To protect the water quality in the vicinity of surface
waters or wetlands, projects within 200 feet of such features should
be designed to minimize nitrate-nitrogen loading to the groundwater
with the goal of achieving less than 2.5 parts per million nitrate-nitrogen.
(4)
All development shall comply with the provisions of
Articles 7 and 12 of the Suffolk County Sanitary Code.
(5)
All development involving significant discharges to
groundwater in close proximity to public water supply wells shall
include adequate mitigation measures to protect the water quality
as required under Article 17 of the New York State Environmental Conservation
Law.
(6)
All development involving significant discharges to
groundwater in close proximity to private water supply wells shall
comply to the Suffolk County Department of Health Services' guidelines
for wellhead protection.
(7)
Development proposals for sites containing or abutting wetlands shall be separated by a nondisturbance buffer area which shall be no less than that required under Chapter 325 of the Town Code and applicable state laws. Distances shall be measured horizontally from the wetland edge as defined in the applicable laws. Such buffer areas shall be delineated on the development plans, and adequate conditions shall be imposed to assure their preservation. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument.
(8)
All stormwater runoff originating from development
on the property shall be retained on-site, unless surplus capacity
exists in an off-site drainage system. Where practical, natural recharge
areas and/or drainage systems that cause minimal disturbance of native
vegetation may be required. Ponds may be created if they are designed
to accommodate stormwater runoff and not solely for aesthetic purposes.
Where practical, drainage designs shall incorporate the use of natural
swales and depressions, rather than excavated recharge basins. Adequate
measures shall be taken to control soil erosion and stormwater runoff
during construction.
(9)
Disturbance of natural vegetation shall comply with the minimum standards set forth under Article XIII, Aquifer Protection Overlay District, of this chapter. Development plans shall contain calculations for the amount of disturbance of natural vegetation and indicate the limits thereof. For the purposes of this section, the percentages of disturbance of the natural vegetation set forth in Article XIII shall include all areas previously disturbed.
(10)
Where applicable, subdivision and site design
shall support preservation of natural vegetation in large unbroken
blocks that allow contiguous open spaces to be established when adjacent
parcels are developed. Where applicable, subdivision and site design
shall be configured in such a way as to prioritize the preservation
of native pine barrens vegetation.
(11)
Development projects shall place no more than
15% of the entire site in fertilized vegetation. The use of nonnative
plant species shall be limited to the maximum extent practicable and
development designs shall consider the nonnative and native planting
suggestions contained in Figure 5-2 of the plan.
(12)
Where a development application may have a significant
negative impact upon a habitat essential to those species identified
on the New York State maintained lists as rare, threatened or of special
concern, or upon the communities classified by the New York State
Natural Heritage Program as G1, G2, G3 or S1, S2 or S3 or on any federally
listed endangered or threatened species, appropriate mitigation measures
shall be taken to protect these species.
(13)
Development projects shall minimize disturbance
of the grade and/or natural vegetation where slopes exceed 10%. Construction
in areas where slopes exceed 10% may be approved if the design incorporates
adequate soil stabilization and erosion control measures so as to
mitigate negative environmental impacts. Where applicable, clearing
envelopes and/or nondisturbance buffers shall be placed on those portions
of the development site where slopes exceed 10%. Development applications
shall include a slope analysis depicting slopes in the ranges 0% to
10%, 11% to 15% and 15% and greater. Erosion and sediment control
plans and, where applicable, details of retaining walls and erosion
control structures shall be required for construction in areas where
slopes exceed 15% and for roads and driveways traversing slopes of
10%.
(14)
Applications for development projects proposing
open space and/or similar reserve areas shall specify the conditions
of ownership and use of such lands, and such conditions shall be set
forth in the deed of dedication, declaration of covenants, conservation/open
space easement or similar instrument.
(15)
Where applicable, the use of a planned residential development or clustering pursuant to the provisions of Article I of Chapter 247 of the Town Code shall be encouraged to preserve open spaces. Where applicable, the use of a planned industrial park pursuant to the provisions of § 330-36 of this chapter shall be encouraged to preserve open spaces.
(16)
Where applicable, any new activity or any change
or expansion to an activity involving agriculture or horticulture
shall incorporate "best management practices" as set forth in Controlling
Agricultural Nonpoint Source Water Pollution in New York State, Bureau
of Technical Services and Research, Division of Water, New York State
Department of Environmental Conservation 1991, as same may be amended
from time to time.
(17)
Where applicable, development plans shall indicate
established recreational and educational trails and trail corridors;
active recreation sites; scenic corridors, including the Sunrise Highway;
sites of historical or cultural significance; and sensitive archaeological
areas, within 500 feet of the project site, and shall provide adequate
measures to protect such cultural resources. The use of existing natural
buffers or the restoration of degraded buffer areas, the use of signs
or other man-made structures, consistent in style and scale with the
community character, or other similar measures shall be taken to protect
roadside areas and scenic and recreational resources.
(18)
All commercial or industrial development shall
comply with the applicable provisions of the Suffolk County Sanitary
Code and all other applicable federal, state or local laws.
B.
A land use in the compatible growth area that lawfully
exists at the time of the effective date of this article or any amendment
thereto may be continued in its present form, except that the aforementioned
standards shall apply to any change, structural alteration, expansion,
restoration or modification to said land use constituting development
as defined herein.
A.
As one of the principal forms of relief for the above-noted restraints, development rights shall be transferable from the Central Pine Barrens area to approved receiving sites outside the core preservation area, pursuant to the applicable provisions of this chapter, including § 330-7, Transfer of permitted residential development rights; Article XI, Old Filed Map Overlay District; and Article XII, Special Old Filed Map Overlay District. Additionally, a landowner may obtain a Pine Barrens credit (PBC) certificate from the Pine Barrens Credit Bank and Clearinghouse as established under the Pine Barrens credit program set forth in Chapter 6 of the plan, which PBC may be sold or used in accordance with the procedures set forth in this chapter.
B.
General regulations.
(1)
Development rights or a Pine Barrens credit shall
be allocated for each parcel of land established as a separate tax
lot as of the effective date of this amendment.
(2)
One residential development right or Pine Barrens
credit shall be allocated for each single-family dwelling permitted
on a parcel of land, based upon the development yield established
by multiplying the gross lot area (in acres) of the parcel by the
following development yield factor. The applicable development yield
factor for a particular parcel of land is based upon the zoning regulations
in existence when the plan was adopted on June 28, 1995. Fractional
allocation of a Pine Barrens credit shall be rounded to the nearest
1/100 (or 0.01) of a Pine Barrens credit.
[Amended 8-23-1996 by L.L. No. 29-1996]
|
Zoning District
|
Minimum Lot Area of Zone
(square feet)
|
Development Yield Factor
|
|---|---|---|
|
CR-200
|
200,000
|
0.16
|
|
CR-120, R-120
|
120,000
|
0.27
|
|
CR-80, R-80
|
80,000
|
0.40
|
|
CR-60, R-60
|
60,000
|
0.60
|
|
CR-40, R-40
|
40,000
|
0.80
|
|
R-20
|
20,000
|
1.60
|
|
R-15
|
15,000
|
2.00
|
|
R-10
|
10,000
|
2.70
|
(3)
One nonresidential development right or Pine Barrens
credit shall be allocated for each one acre of gross lot area of the
parcel as currently zoned. Fractional allocation of a Pine Barrens
credit shall be rounded to the nearest 1/100 (or 0.01) of a Pine Barren
credit.
[Amended 10-8-1996 by L.L. No. 35-1996]
(4)
Notwithstanding the provisions of aforementioned subsections,
the Town Board may, upon written request of the landowner, elect to
increase the allocation of development rights or PBCs for a parcel
of land of at least 4,000 square feet with frontage on an existing
improved street or where the landowner demonstrates to the satisfaction
of the Town Board that the potential development yield of the property
based upon all applicable municipal regulations is greater than the
yield set forth herein. Any increase in the allocation of PBC's by
the Town Board shall be subject to the review and approval of the
Central Pine Barrens Joint Planning and Policy Commission pursuant
to Chapter 6 of the plan.
(5)
No development rights or Pine Barrens credits shall
be allocated for property owned or held by a public agency, municipal
corporation or governmental subdivision, including property held by
reason of tax default.
(6)
No development rights or Pine Barrens credits shall
be allocated for property for which the development rights have previously
been used, or allocated for use, under this chapter, nor for lands
which are encumbered by an easement, covenant or other deed restriction
for the purpose of land protection, preservation or conservation.
(7)
Partially improved parcels or parcels where residual
uses will remain shall receive a decreased allocation based upon the
extent of improvement or residual use. There shall be a proportional
decrease in allocation based upon the receipt of discretionary permits
for improvement of the parcel.
(8)
Notwithstanding any provision of this chapter to the
contrary, no development rights or Pine Barrens credits shall be transferred
into the core preservation area. Development rights or Pine Barrens
credits originating in the core preservation area may be transferred
to the compatible growth area or out of the Central Pine Barrens area.
Development rights or Pine Barrens credits originating in the compatible
growth area may be transferred within the compatible growth area or
out of the Central Pine Barrens area.
(9)
Notwithstanding the provisions of this chapter to
the contrary, development rights or Pine Barrens credits shall only
be transferred to a receiving parcel within the same school district,
except upon the approval of the Town Board, by a vote of a majority
plus one, where the applicant demonstrates that the transfer does
not result in a significant adverse impact upon the sending school
district or the receiving school district.
[Added 3-25-2003 by L.L. No. 29-2003]
A.
Purpose and findings.
(1)
In 1993, New York State adopted § 57-0119
of the Environmental Conservation Law entitled "Central Pine Barrens
Joint Planning and Policy Commission." This Commission consists of
five voting members: a member appointed by the Governor, the County
Executive of Suffolk County, and the Supervisors of the Towns of Brookhaven,
Riverhead and Southampton.
(2)
This Commission was formed to implement, manage and
oversee land use within the Central Pine Barrens area on Long Island.
ECL 57-0119(6)(a) gives the Commission the power to prepare, adopt
and insure implementation of the Comprehensive Land Use Plan. ECL
Article 57 recognizes the importance of the three local Towns to regulate
the implementation of the plan within the Central Pine Barrens region.
(3)
The authority to establish a Comprehensive Land Use
Plan is contained in ECL § 57-0121. In conformance with
ECL 57 and the Comprehensive Land Use Plan, the Town Board of the
Town of Southampton adopted two overlay districts for the Central
Pine Barrens Region, one in 1986 (Aquifer Protection Overlay District)
and one in 1995 (Central Pine Barrens Overlay District).
(4)
The intention of the original legislation adopted
in 1995 and the resulting plan was that the local planning and zoning
powers and authority to regulate land uses by local municipalities
within the Central Pine Barrens area would not be affected by said
legislation and plan.
(5)
In an effort to address unauthorized or illegal activity
within the boundaries of the Central Pine Barrens Area, in particular
clearing of large tracts of land without the necessary approvals,
the members of the Commission have expressed an interest in enforcing
Article 57 of the ECL. Although each of the zoning codes of the respective
three Towns contains penalty provisions for violations of the code,
no specific provisions are included for violations of regulations
within the Central Pine Barrens area. Article 57 of the ECL does not
specifically provide for an enforcement or penalty provision.
(6)
The Towns of Brookhaven, Riverhead and Southampton
desire to discourage and prevent unauthorized and illegal land clearing
activities within the core area and the compatible growth area of
the Long Island Central Pine Barrens region. Any amendment to Article
57 of the ECL should be consistent with existing code enforcement
provisions in each of the three Towns.
(7)
This section is necessary to raise the potential penalties
under the authority of the respective Town codes for unauthorized
and illegal land clearing activities, as well as provide enforcement
of provisions of the respective Town codes regarding the Long Island
Pine Barrens region.
(8)
While the fine amounts set forth herein are significant,
they are not out of proportion to the nature of the violation. Violations
occurring within the Central Pine Barrens area may threaten groundwater
and the endangered and threatened plants and animals found within
the Central Pine Barrens. Through the enactment of Article 57 of the
ECL, the State Legislature has seen fit to protect this environmentally
sensitive area. This section is adopted pursuant to the home rule
authorization found within § 10(4)(b) of the Municipal Home
Rule Law and is intended to supersede § 268 of the Town
Law.
B.
In addition to the penalties provided for in § 330-186 of this chapter, any person or entity who shall violate any of the provisions herein shall restore the subject premises or property or shall undertake any necessary remedial action, including but not limited to the posting of a performance and maintenance bond, as required by the Town in order to bring the subject premises or property into conformance with the requirements of this chapter and the Central Pine Barrens Comprehensive Land Use Plan or any permit, covenant or condition issued pursuant thereto, in addition to the fines set forth in Subsection C below.
C.
Any person or entity who shall violate any of the provisions contained in Article XXIV or the Central Pine Barrens Overlay District, or any permit, covenant or condition issued pursuant thereto, shall be guilty of a violation of such, which shall be punishable by a fine not to exceed $25,000 or no more than one year in jail, for violations occurring on premises or property located within the Core Preservation Area or $10,000 or no more than one year in jail, for violations occurring on premises or property located within the Compatible Growth Area, and an additional fine of $1,000 per day in both areas for each day that such violation continues. A violation of this section shall be classified as an unclassified misdemeanor.
D.
Any fines or penalties collected pursuant to either § 330-222A, B or C of this Code shall be deposited with the Town Comptroller's office and shall be maintained in a segregated account to be used exclusively for protection, preservation, enhancement and/or restoration of the natural resources and ecosystems of the Central Pine Barrens Region.
E.
Where authorized by a duly adopted resolution of the
Town Board, the Town Attorney shall bring and maintain a civil proceeding,
in the name of the Town, in the Supreme Court, to permanently enjoin
the person or persons conducting or permitting any violation of this
article from further conducting or permitting said violation.
