Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 5-5-1998 by L.L. No. 13-1998, effective 5-11-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands and waterways — See Ch. 81.

§ 15-1 Intent.

[Amended 5-21-2013 by L.L. No. 25-2013, effective 6-5-2013]
This Town Board recognizes that the natural environment within the Town, and the air, land, water and living resources that comprise it, constitute assets that add immeasurably to the quality of life of Town residents. Furthermore, with regard to land, the Town Board recognizes that the environmentally sensitive lands within the Town of Brookhaven, including its fresh- and saltwater wetlands, underwater lands and bay bottoms, Central Pine Barrens, stream and river corridors and their associated watersheds, shorelines, forests, fields, and meadows are important natural resources, collectively comprising a natural heritage and legacy which should be preserved and protected in perpetuity for the people of the Town of Brookhaven. The Town Board further recognizes the valuable role that farmland plays in helping the local economy and maintaining the rural and bucolic character of the Town. It has been the policy of this Town Board to safeguard these important natural resources, by means of its regulatory powers, pursuant to Town Code Chapter 81 (Wetlands and Waterways), Chapter 85 (Zoning) and other sections of the Town Code of the Town of Brookhaven. However, the Town Board recognizes that relying solely upon its regulatory powers may not be sufficient in safeguarding these resources and further recognizes that acquisition or purchase of complete or partial interests in land can be a highly effective technique to protect and preserve these environmentally sensitive areas as set forth herein.

§ 15-2 Statutory authority.

This chapter is established pursuant to New York State General Municipal Law § 6, New York State Town Law, New York State Municipal Home Rule Law, and the New York State Statute of Local Governments.

§ 15-3 Establishment of fund; purpose.

The Town Board of the Town of Brookhaven hereby establishes the Joseph Macchia Environmental Preservation Capital Reserve Fund pursuant to New York State General Municipal Law § 6, the purpose of which fund shall be to provide funds to pay costs associated with the acquisition of environmentally sensitive, undeveloped lands within the Town of Brookhaven as set forth hereinbelow.

§ 15-4 Lands to be acquired.

[Amended 5-21-2013 by L.L. No. 25-2013, effective 6-5-2013]
Funds of the Joseph Macchia Environmental Preservation Capital Reserve Fund may be used to acquire environmentally sensitive lands within the following areas in the Town of Brookhaven or containing the following attributes or resources:
A. 
Stream and river corridors.
B. 
The Central Pine Barrens as defined pursuant to Article 57 of the NYS ECL.
C. 
Special groundwater protection areas as defined pursuant to Article 55 of the NYS ECL.
D. 
Freshwater and saltwater wetlands.
E. 
Properties that contain functional wildlife habitat or provide habitat or New York Natural Heritage Program elements or species on the NY State Endangered, Threatened, or Species of Special Concern list.
F. 
Farmland or properties used to grow agricultural products as that term is defined pursuant to the NYS Agriculture and Markets Law.
G. 
Properties containing passive recreational value or serving as a linkage to adjacent lands possessing such value.
H. 
Those geographic areas identified and described in the most current iteration of the NYS Open Space Plan.
I. 
Other environmentally sensitive lands, such as open space, which may be identified by the Town Board.

§ 15-5 Source of funding.

The Joseph Macchia Environmental Preservation Capital Reserve Fund shall be funded from monies as may be provided therefor by budgetary appropriation or by such other means as the Town Board, by resolution, may deem appropriate.

§ 15-6 Administration of fund.

A. 
The Brookhaven Town Supervisor, as Chief Fiscal Officer, is hereby directed to deposit, invest and secure the monies of this capital reserve fund in the manner provided by General Municipal Law §§ 10 and 11. Any interest earned or capital gains realized on the monies so deposited or invested shall accrue to and become part of this capital reserve fund.
B. 
This capital reserve fund may be combined in a bank account with other funds, provided that the separate identity of this capital reserve fund shall be maintained and this fund shall be accounted for separately from all other funds.
C. 
No expenditure shall be made from the Joseph Macchia Environmental Preservation Capital Reserve Fund except upon authorization of the Town Board by resolution, subject to permissive referendum, pursuant to New York State General Municipal Law § 6.

§ 15-7 Manner and priority of acquisition.

A. 
Lands may be acquired pursuant to this chapter by any means authorized by law, including the New York State Eminent Domain Procedure Law.
B. 
The Town Board may exercise its discretion in considering the acquisition of lands, and may prioritize the acquisition of certain lands, based upon environmental sensitivity, budgetary constraints, and such other factors as the Town Board may deem appropriate.

§ 15-8 Severability.

If any clause, sentence, paragraph or section of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.

§ 15-9 When effective.

This chapter shall become effective immediately upon filing with the Secretary of State of the State of New York.