[Added 5-7-1996; amended 5-20-1997; 9-16-1998; 4-15-2003 by L.L. No. 4-2003]
[Amended 7-9-2009 by L.L. No. 38-2009]
A.
This Town Board finds and determines that the provisions of the Pine
Barrens Overlay District were designed, in part, to protect the Pine
Barrens Core and Compatible Growth Areas. This Town Board further
finds that the provisions of the Pine Barrens Overlay District regarding
land clearing must be clarified to insure that contiguous areas of
land remain undisturbed to both protect habitats and to insure the
continued proliferation of flora and fauna in the area. This Town
Board further determines that the needed clarification must be adopted
before ownership of the affected lands pass from the Town of Riverhead
to forestall any dispute over the intended meaning of the land clearing
provisions. This Town Board further finds and determines that the
Long Island Pine Barrens Protection Act enacted by the State Legislature
in 1993 recognized that the towns within the Pine Barrens region are
the natural guardians of the unique Pine Barrens land within the Town's
jurisdiction through the exercise of their accepted zoning powers.
Therefore, it is the intent of this article to enact certain clarifications
of existing provisions to insure that the safeguards that the Town
of Riverhead intended to impose regarding land clearing are observed.
B.
In 1993, New York State adopted § 57-0119 of the Environmental Conservation Law ("ECL"), 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 Riverhead, Brookhaven and Southampton. This Commission was formed to implement, manage and oversee land use within the Central Pine Barrens Area on Long Island. ECL § 57-0119, Subdivision 6(a), gives the Commission the power to prepare, adopt and ensure implementation of the Comprehensive Land Use Plan. ECL Article 57 recognizes the importance of the three local towns in regulating the implementation of the plan within the Central Pine Barrens Region. The authority to establish a Comprehensive Land Use Plan is contained in ECL § 57-0121. In conformance with ECL Article 57 and the Comprehensive Land Use Plan, the Town Board of the Town of Riverhead enacted this Article XLI of the Town Code of the Town of Riverhead, entitled "Pine Barrens Overlay District." The intention of the original legislation adopted in 1995 and the resulting plan was that the local Planning Board 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.[1]
C.
It is the purpose of this article to provide consistency with the
goals of the Central Pine Barrens Comprehensive Land Use Plan adopted
by the Town Board 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 thereof.
(2)
To protect the quality of surface water and groundwater.
(3)
To discourage piecemeal and scattered development, and to encourage
the preservation of contiguous areas of open space and nondisturbed
areas to the greatest extent practicable.
(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 efficient and orderly.
(6)
To protect the pine barrens ecosystem from illegal activity
within the boundaries of the Central Pine Barrens Area, in particular
clearing of large tracts of land without the necessary approvals.
D.
The particular objectives for land use with respect to the Central
Pine Barrens Core Preservation Area 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 water and groundwater.
(6)
Protecting the pine barrens ecosystem from illegal activity
within the boundaries of the Central Pine Barrens Area, in particular
clearing of large tracts of land without the necessary approvals.
E.
The particular objectives for land use with respect to the Central
Pine Barrens Compatible Growth Area include:
(1)
Preserving and maintaining the essential character of the existing
pine barrens environment, including plant and animal species indigenous
thereto and habitats thereof.
(2)
Protecting the quality of surface water and groundwater.
(3)
Discouraging piecemeal and scattered development.
(4)
Encouraging appropriate patterns or 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)
Accommodating a portion of the development redirected from the
Core Preservation Area.
(6)
Allowing appropriate growth consistent with stated natural resource
goals.
(7)
Protecting the pine barrens ecosystem from illegal activity
within the boundaries of the Central Pine Barrens Area, in particular
clearing of large tracts of land without the necessary approvals.
F.
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. The Towns of Riverhead, Brookhaven
and Southampton desire to discourage and prevent unauthorized and
illegal land clearing activities, illegal dumping and other unauthorized
uses 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.
G.
This article, in addition to the purposes outlined above, 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 other provisions of the respective
Town code regarding the Long Island Central Pine Barrens Region.
A.
The provisions of this article shall apply to those lands in Town
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 the same may be amended from time
to time.
B.
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 article is adopted pursuant to the home rule
authorization found within § 10, Subdivision 4(b), of the
Municipal Home Rule Law and is intended to supersede § 268
of the Town Law.[1]
A.
Development within the Core Preservation Area shall be prohibited
unless a hardship exemption is issued by the Central Pine Barrens
Joint Planning and Policy Commission pursuant to § 57-0121
of the New York State Environmental Conservation Law. Land uses which
do not constitute development may be permitted, provided that the
use compiles with all other applicable provisions of this chapter.
B.
Notwithstanding the provisions of the aforementioned Subsection A, any legally existing, expanded or new activity involving agricultural or horticultural production may be permitted in the Core Preservation Area, provided that the agricultural or horticultural production does not involve the material alteration of native vegetation and that the land use complies with all other applicable provisions of this chapter. The erection of accessory agricultural or horticultural buildings or structures required for agricultural or horticultural production may be permitted, provided that said buildings or structures comply with all other applicable provisions of this chapter. Uses, buildings or structures that require the material alteration of native vegetation shall be prohibited as provided in Subsection A of this section.
C.
A land use in the Core Preservation Area that lawfully exists at the effective date of this article or any amendment thereto may be continued in its present form except that the aforementioned Subsections A and B shall apply to any change, alteration, expansion, restoration or modification to said land use constituting development as defined herein.
A.
Development within the Compatible Growth Area (CGA) shall comply
with the following standards:
[Amended 7-19-2005 by L.L. No. 24-2005; 7-9-2009 by L.L. No.
38-2009]
(1)
All development subject to the provisions of Article 6 of the
Suffolk County Sanitary Code shall meet the applicable requirements
of the Suffolk County Department of Health Services.
(2)
As determined by the State of New York or the County of Suffolk,
any new public or private sewage treatment plant discharge shall be
outside of the Core Preservation Area and shall be located north of
the groundwater divide, as defined by the Suffolk County Department
of Health Services, as site conditions permit.
(3)
All development shall comply with the provisions of Articles
7 and 12 of the Suffolk Sanitary Code.
(4)
All development involving significant discharges to groundwater
and located proximate to public water supply wells shall require measures
to mitigate impacts upon water quality as required under Article 17
of the New York State Environmental Conservation Law. The Suffolk
County Department of Health Services' guidelines for private wells
should be used for private wellhead protection.
(5)
Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act (the Rivers Act) and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument.
(6)
Development proposals for sites within the regulated area of
the New York Wild, Scenic and Recreational Rivers Act shall conform
to the standards of the Act. Variances from the Act shall meet all
requirements imposed by the State of New York in order to be deemed
to have met the requirements of this standard. Additional relief from
the Town of Riverhead Zoning Board of Appeals shall not be required.
(7)
All stormwater generated by development shall be recharged on
site unless surplus capacity exists in an off-site drainage system.
In the review of development plans, the Town Board shall encourage
the use of natural recharge areas or drainage system design which
result in minimal disturbance of native vegetation with the use of
natural swales and depressions as an alternative to excavated recharge
basins where feasible. Development plans should include the use of
ponds only if such ponds are designed to retain stormwater and are
not merely constructed for aesthetic purposes. Adequate measures should
be employed to control soil erosion and stormwater runoff during construction,
as per guidelines promulgated by the New York State Department of
Environmental Conservation.
(8)
Clearing.
(a)
The proposed disturbance to natural vegetation, combined with
previously disturbed areas, shall conform to the following clearing
standards:
|
Zoning Use District
|
Maximum Clearing
(percentage)
|
|---|---|
|
RB80
|
53%
|
|
APZ
|
53%
|
|
Ind A
|
65%
|
|
Ind C
|
65%
|
|
BUS CR
|
65%
|
|
Property within EPCAL, LI, PIP, CO and PRP Districts
|
[1]
Editor's Note: The map is included as an attachment to this chapter.
(b)
The applicable clearing percentage shall be calculated over
the area of the entire parcel, including but not limited to public
highways, roadways, building sites, parking areas, drainage structures
and recharge areas. Development plans shall delineate the existing
naturally vegetated areas, shall calculate those portions of the site
that are already cleared due to previous activities and shall contain
calculations for the amount of disturbance of native vegetation and
indicate the clearing limits thereof.
(c)
To the extent that a portion of a site includes Core property,
and for the purpose of calculating the clearing limits, the site shall
be construed to be the combined Core and CGA portions. However, the
Core portion may not be cleared without a hardship exemption.
(d)
A map of the portion of Pine Barrens Overlay District within
the fence line of the former Grumman facility now known as "EPCAL"
shall be adopted designating those areas of the EPCAL site where land
clearing is prohibited. The areas where land clearing is prohibited
shall constitute 35% of the overall site. Those areas contained on
said map where land clearing is not prohibited may be cleared. The
map may be modified from time to time by local law of the Town Board.
(e)
Land subdivision maps and site plans outside of the EPCAL site
shall also be designed to encourage the preservation of large unbroken
blocks that provide for contiguous open spaces to be established when
adjacent parcels are developed. Applications for subdivision and site
plan shall contain calculations for clearing, and these limits shall
become part of the filed map or approved drawings. Nonnative vegetation
species to be avoided are contained in Figure 5-2 of the Central Suffolk
Pine Barrens Comprehensive Plan.
(9)
Development projects shall place no more than 15% of the entire
site in fertilizer-dependent vegetation. Development designs shall
consider native planting suggestions made part of the plan.
(10)
Development which will 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 or G3 or as S1, S2 or S3 or upon any federal listed
endangered or threatened species, appropriate mitigation measures,
as determined by the state, county or local government agency, shall
be imposed to protect such species.
(11)
Development projects shall minimize disturbance of the natural
grade and/or natural vegetation where slopes exceed 10%. Construction
in areas with slopes exceeding 10% may be approved if the site design
incorporates adequate soil stabilization and erosion control measures
so as to mitigate negative environmental impacts. Where applicable,
nondisturbance buffers shall be placed on those portions of the site
where slopes exceed 10%. Development plans shall include a slope analysis
depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and
15% or greater. Erosion and sediment control plans and 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%.
(12)
In order to provide for orderly development and the efficient
provision of infrastructure, applications for development projects
depicting either open space or reserve areas shall specify the conditions
of ownership and the use of such lands, and such conditions shall
be set forth in the deed of dedication, declaration of covenants,
conservation easement or similar instrument.
(13)
Where applicable, the use of a planned residential development or use of cluster design pursuant to Article LIV, Cluster Development, of this chapter shall be encouraged to preserve open space. Further, the use of planned industrial park development pursuant to the provisions of Article LIII, Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces.
(14)
Any existing, expanded or new activity involving agricultural
production or horticulture shall comply with best management practices
as set forth in the plan, as may be amended from time to time.
(15)
Development plans shall indicate established recreational and
educational trails and trail corridors, active recreational sites,
scenic corridors, roads, vistas and viewpoints, sites of historical
or cultural significance, including historic districts, sites on the
State or National Registers of Historic Places and historic structures
listed on the State or National Registers of Historic Places, or recognized
by local law or statute, sensitive archeological sites as identified
by the New York State Historic Preservation Officer or the New York
State Museum, within 500 feet of the proposed development, and shall
provide adequate measures to protect such natural 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 as well as scenic and recreational
resources.
(16)
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 within 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.
C.
Those economic development activities to occur upon those lands within
the two-thousand-nine-hundred-acre tract of the Calverton Naval Weapons
Industrial Reserve Plant as contemplated by Public Law 103-c337 (Suffolk
County Tax Map parcels 0600-135-1-2, 0600-135-1-6 and 0600-135-1-7),
the plan and its attending generic environmental impact statement
shall not constitute development as defined by § 57-0107,
Subdivision 13(i), of the New York State Environmental Conservation
Law and by this article.
D.
Penalties for offenses.
(1)
In addition to the penalties provided for elsewhere in this
chapter, any person or entity who shall violate any of the provisions
here 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 Board
in order to bring the subject premises into conformance with the requirements
of this chapter and the Central Pine Barrens Comprehensive Land Use
Plan or any permit, covenant or condition issued thereto.
(2)
Any person or entity who shall violate any of the provisions
contained in this chapter or the Central Pine Barrens Comprehensive
Land Use Plan 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 not more than one year in jail
for violations occurring on premises or property located within the
Core Preservation Area or $10,000 or not 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.
(3)
Any fines or penalties collected pursuant this chapter for violations
of the provisions of the Town Code relating to the Pine Barrens Overlay
District, when paid over to the Town, shall be maintained in a segregated
account to be used exclusively for the continuation of the protection,
preservation, enhancement and/or restoration of the natural resources
and ecosystems of the Central Pine Barrens Region.
(4)
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, pursuant to Town Law § 268,
to enjoin the person or persons conducting or permitting any violation
of this article for further conducting or permitting said violation.
A.
It is the purpose of the Pine Barrens credit program to provide for the preservation of land within the Core Preservation Area while maintaining the value of those lands by providing for the transfer of Pine Barrens credits. Development rights shall be transferable from the Core Preservation Area to approved receiving sites outside the Core Preservation Area pursuant to Article XLII, Transfer of Development Rights, of this chapter, and the transfer of development rights standards of Article 6 of the Suffolk County Sanitary Code. Additionally, a landowner must obtain a Pine Barrens credit certificate from the Pine Barrens Credit Clearinghouse (the "Clearinghouse") as set forth in the plan, which Pine Barrens credit may be sold or used in accordance with the procedures set forth in this chapter.
B.
General regulations.
(1)
Pine Barrens credits, or fractions thereof, shall be allocated
for each parcel of land established as a separate tax lot as of the
effective date of this chapter.
(2)
Pine Barrens credits 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 (acres) of the
parcel by the following development yield factor, such factor predicated
upon that zoning use district in existence upon the adoption of the
plan in June 1995. A fractional allocation of a Pine Barrens credit
shall be rounded to the nearest one-hundredth of a Pine Barrens credit.
[Amended 7-19-2005 by L.L. No. 23-2005]
|
Zoning Use District
|
Minimum Lot Area
(square feet)
|
Development Yield Factor
|
|---|---|---|
|
Natural Resources Protection
|
160,000
|
0.20
|
(3)
One nonresidential Pine Barrens credit shall be allocated for
each acre or gross lot area of real property within the Open Space
Conservation Zoning Use District. A fractional allocation of a Pine
Barrens credit shall be rounded to the nearest one-hundredth of a
Pine Barrens credit.[1]
(4)
Notwithstanding the aforementioned provisions, the Planning Board, upon the written request of the landowner, and subject to prior approval by the Commission, may elect to increase the allocation of Pine Barrens credits for a parcel of land if it can be demonstrated to the satisfaction of the Planning Board that the potential development yield of the property, pursuant to Article LIII, Subdivision Regulations, § 301-285, is greater than the yield set forth herein.
(5)
No Pine Barrens credit 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 Pine Barrens credit shall be allocated for property for which
the development rights have previously been used or acquired, nor
for lands which are encumbered by easement, covenant or other deed
restriction for the purpose of land protection, preservation or conservation.
(7)
No Pine Barrens credits may be transferred into the Core Preservation
Area. Pine Barrens credits originating in the Core Preservation Area
may be transferred out of the Central Pine Barrens Area pursuant to
the establishment of receiving areas. Pine Barrens credits shall not
originate from lands within the Compatible Growth Area.
