[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.