[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 10-15-1991 by L.L. No. 5-1991, effective 10-21-1991. Amendments
noted where applicable.]
A.
Many areas of the Town of Brookhaven contain natural
resources which are vital to, and enhance the quality of, the life
of its residents. These natural resources include significant populations
of wildlife; important natural communities; rare, endangered, unique
or locally significant species of plants and wildlife; ponds, lakes,
streams, estuaries and other surface waters; important geological
formations; prehistoric, aboriginal and historic cultural resources;
and pristine potable groundwater.
[Amended 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005]
B.
These areas are important for displaying scenic beauty,
providing habitat for significant species of wildlife and vegetation,
furnishing habitat for commercially important species such as shellfish
and finfish, protecting the Town's groundwater and drinking water
supply, supplying passive recreational opportunities for Town residents,
offering opportunities for education and scientific study and providing
other important environmental benefits
[Amended 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005]
C.
Accordingly, it is recognized that many parts of the
Town which contain important natural resources and which are either
in public or private ownership, should be maintained in or as near
as possible to their existing natural state in order to ensure the
continued ecological benefits of these areas for Town residents.
D.
Therefore, it is the purpose of this chapter to designate
areas as nature preserves and to manage and protect these areas in
their existing natural or as near to natural state as possible for
the benefit of present and future Town residents.
For the purpose of this chapter, the following
terms and phrases shall be given the meaning stated herein:
A program authorizing the entering into of an agreement between
the Town of Brookhaven and qualifying individuals, organizations,
groups, and business entities for the purpose of allowing these qualified
individuals, organizations, groups and business entities to conduct
routine stewardship and maintenance activities for the preservation
of the nature preserve.
[Added 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005]
A legal, binding, written agreement between the Town of Brookhaven
and the owners of private properties or public properties (other than
those owned by the Town of Brookhaven) to allow the Town of Brookhaven
to manage such lands in the same manner and for the same goals as
Town-owned nature preserves.
The Town of Brookhaven Department of Housing and Community
Development.
[Added 4-14-2022 by L.L. No. 6-2022, effective 4-21-2022]
The Town of Brookhaven Division of Economic Development.[1]
The Town of Brookhaven Highway Department.
The Town of Brookhaven Department of Housing, Community Development
and Intergovernmental Affairs.
The Town of Brookhaven Division of Land Management.
[Added 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005]
Any land(s), public or private, which are either owned by
or under the jurisdiction of the Town of Brookhaven, or the Trustees
of the Freeholders and Commonalty of the Town of Brookhaven, which
have been designated by resolution of the Town Board of the Town of
Brookhaven to be maintained in its existing natural state or a near-natural
state or restored to a natural state.
[Amended 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005]
The Town of Brookhaven Department of Parks, Recreation and
Sports and Cultural Resources.
[Amended 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005]
The Town of Brookhaven Division of Planning.
Real property owned by individual persons, firms, partnerships,
corporations, associations, companies or private utilities and which
are not owned by the Town or other governmental bodies.
Real property owned by governmental bodies, villages, the
County of Suffolk, the State of New York or the United States government
and which are not owned by the Town of Brookhaven.
Real property owned by the Town of Brookhaven.
The Town of Brookhaven Department of Recycling and Sustainable
Materials Management.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
The land, area, surrounding a public water supply well or
wellfield, which contributes water in a manner and direction that
will result in the water being entrained by the well or wellfield.
[Added 6-9-2005 by L.L. No. 23-2005, effective 9-12-2005; amended 4-14-2022 by L.L. No. 6-2022, effective 4-21-2022]
[1]
Editor's Note: The definition of “Division
of Environmental Protection,” which immediately followed this
definition, was repealed 9-6-2005 by L.L. No. 23-2005, effective 9-12-2005.
[Amended 6-9-2005 by L.L. No. 23-2005, effective 9-12-2005]
To be considered for inclusion as a Town nature
preserve, a parcel of real property must meet one or more of the following
criteria:
A.
It provides habitat for endangered, threatened or
special concern wildlife species, as listed in the New York State
Environmental Conservation Law § 11-0535 or the Federal
Endangered Species Act.
B.
It provides habitat for wildlife which are of special
concern to the Town of Brookhaven or those that are of special or
unique local importance.
C.
It contains habitats that contain or support occurrences
of rare plant or wildlife species or ecological communities identified
by the New York State Natural Heritage Program, which are ranked S1,
S2, G1 or G2.
D.
It contains habitat that provides breeding, feeding,
nesting or resting areas for significant concentrations or populations
of wildlife or is a locally important haven for wildlife.
E.
It contains freshwater or tidal wetlands.
F.
It contains tree specimens listed on the state or
national tree size records list: large, old growth forest stands or
vegetational communities which are unusual in the Town or significant
populations of protected plants as defined in the New York State Environmental
Conservation Law § 9-1503.
G.
It contains examples of forests or other vegetational
communities that were, but are no longer, common on Long Island, or
contains outstanding examples of such which are unique to Long Island.
H.
It contains unique geological features such as kettleholes,
drumlins, kames, or swales or those geological formations which are
vulnerable to human disturbance, such as bluffs and dunes.
I.
It contains significant prehistoric, aboriginal or
historic cultural resources or is adjacent to sites containing significant
cultural resources.
J.
It lies over and protects sensitive deep-recharge
or shallow-recharge aquifers, lies within core watershed areas, lies
within special groundwater protection areas, lies within the zone
of influence of public water supply well, or lies in areas important
for maintaining surface water quality.
K.
It provides scenic views, natural beauty or important
local visual buffers or noise buffers.
L.
It provides an interconnection between two or more
existing Town, county, state or federal nature preserves which are
currently separate.
[Amended 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005; 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017; 4-14-2022 by L.L. No. 6-2022, effective 4-21-2022]
Parcels of real property to be considered for nature preserve dedication shall first be evaluated by the Division of Land Management, which shall consult with only the Department of Parks, Recreation and Sports, and Cultural Resources for parcels previously dedicated as open space or parkland. The Division of Land Management shall consult with other Town departments and divisions, including, but not limited to, the Division of Planning, the Highway Department, the Department of Recycling and Sustainable Materials Management, the Department of Housing and Community Development, and the Department of Parks, Recreation and Sports, and Cultural Resources, for parcels which are currently classified for general municipal use. Any parcel considered for nature preserve designation must meet at least one or more of the criteria listed in § 77-3.
A.
Evaluation. As part of this evaluation procedure,
the Division of Land Management shall prepare a brief report on each
parcel, which shall include the following information:
(1)
Introduction and reason for dedication to nature preserve, including the criteria the property meets as set forth in § 77-3.
(2)
Legal setting and background. This section shall include
the legal background of a proposed parcel, including the circumstances
surrounding the taking or receipt of the parcel by the Town and the
presence of any restrictions, covenants, and conditions.
(3)
General site information. This section shall include
the location and size of the parcel, existing land use and information
on site access.
(4)
Environmental setting and resources. This section
shall include information on the geology, soils, topography, vegetation
(based on on-site observations), wildlife (based both on on-site observations
and review of literature for potential wildlife species), ecological
communities, water recharge potential, groundwater, surface water,
visual resources and cultural resources of the parcel proposed for
designation as a nature preserve.
(5)
Potential for use as public parkland or other municipal
use. This section shall evaluate the merit of using the site for public
park purposes and shall evaluate the merits of public use versus preservation.
This section shall also evaluate the use of the parcel for some municipal
purpose other than a nature preserve or public park. The recommendation
of the Commissioner of the Department of Parks, Recreation and Sports
and Cultural Resources; Superintendent of Highways or other Commissioners
shall accompany this section of the report.
B.
Recommendation. Based on its evaluation report for a particular parcel, the Division of Land Management shall submit to the Town Board a formal recommendation regarding the parcel accompanied by a copy of the report described in § 77-4A. If in conflict with the recommendation of the Commissioner of Parks, Recreation and Sports and Cultural Resources; the Superintendent of Highways or other Commissioners, the recommendation shall note said conflict.
C.
Dedication procedure. After considering the recommendation
and report submitted by the Division of Land Management, the Town
Board may dedicate parcels as Town nature preserves by resolution
providing the owner and any mortgagees consent thereto. The resolution
may designate all or a portion of a site as nature preserve. Upon
dedication as a nature preserve, the Tax Assessor shall make an appropriate
notation in the assessment records and the Commissioner of Planning,
Environment and Land Management shall cause the Town Real Property
Inventory to be so noted.
[Amended 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005]
The Division of Land Management shall be primarily
responsible for and shall supervise the management of Town nature
preserves and shall be assisted by other Town departments and divisions
as needed. Management of nature preserves shall be conducted as follows:
A.
The majority of a nature preserve site shall be maintained
in its existing natural or near-natural state or restored to a natural
state and shall not be used for active purposes, such as ballfields,
basketball courts, tennis courts, picnic areas, or other uses which
would physically impair or irreparably alter the ecological or cultural
value of said site. A minor portion of the nature preserve, up to
2% of the total acreage of the nature preserve parcel with a maximum
of 40,000 square feet, may be used for parking, structures for interpretation
and public comfort and the installation of trails, including wooden
walkways. The restoration of portions of or all of a nature preserve
to a previous natural condition, activities which maintain and perpetuate
certain types of ecological communities such as the periodic mowing
of grasslands, invasive species control, the implementation of prescribed
burns, planting of native plant species and other activities which
enhance certain ecological qualities such as the improvement of a
site for certain species of wildlife or vegetation shall not be precluded,
however.
B.
Upon dedication as a nature preserve, said nature
preserve, shall be posted with appropriate signs identifying the site
as a Town nature preserve.
C.
Limitations on use. Use limitations on nature preserves
may be imposed as needed in order to protect its ecological resources.
Limitations may include designation of hours, days and seasons of
use; access; prohibitions of certain types of activities; allowance
of access by prearranged permit only and other reasonable limitations
deemed necessary. Limitations on use shall be included in the management
plan.
D.
Management plan. Within one year of a site's designation
as a nature preserve, a management plan shall be prepared for the
site which recommends the best use and management of the ecological
qualities of the site. Each management plan shall be based on a literature
review and in-depth on-site observations and inventories of a nature
preserve's natural resources, including wildlife, vegetation, geology,
cultural resources and other ecological characteristics and may include
a review of relevant published reports, studies or articles. The management
plan shall recommend the type of passive uses which may be acceptable;
shall identify significant, sensitive areas which should be protected
from human disturbance; shall recommend locations for trails, parking,
fencing, signs and access points; shall identify desirable restoration
activities; shall determine hours, days and seasons of use; shall
recommend any limits on access if necessary; shall recommend the preparation
of any interpretive publications and displays, and shall provide a
timetable for implementation. Draft management plans shall be presented
to the Town Board for its review. Upon approval of a management plan
by the Town Board, said management plan shall be implemented by the
Division of Land Management. Management plans may be revised as needed
and, if revised, shall be subject to all the requirements of this
chapter.
[Amended 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005]
Upon prior approval as part of a management
plan for a specific nature preserve, the Town may allow the use of
unpaid volunteers who are not full-time or part-time employees of
the Town of Brookhaven for assistance in the management of its nature
preserves. Volunteers shall be overseen and supervised by the Division
of Land Management.
The Town may consider the designation of private
lands or public lands, other than those owned by the Town of Brookhaven,
as nature preserves. Such designation shall be at the request of the
private entity or public agency controlling the subject land and said
nature preserve designation shall only ensue upon the execution of
a cooperative management agreement between the Town and the private
or public owner. Said agreement shall include designation of responsibility
for liability and a determination of reasonable financial remuneration
required to maintain and manage the non-Town nature preserve. Upon
designation as a Town nature preserve, said parcel shall be subject
to all the requirements of the chapter.
Town nature preserves shall be used by residents
(persons who reside in the Town of Brookhaven) and/or owners of taxable
real property located in the Town of Brookhaven and nonresidents as
authorized by the Town of Brookhaven. Nonresidents and guests of residents
or taxpayers may be admitted to nature preserves pursuant to regulations
issued by the Town Board.
Except as noted in a management plan for a particular
nature preserve or unless it is expressly posted on a particular nature
preserve, a nature preserve shall be open for use between dawn and
dusk, every day of the year.
The Town shall not be responsible for loss,
damage, theft, or injury to private or personal property used on a
Town nature preserve, nor shall it be responsible for injuries sustained
by reason of the public use of said facilities. Town nature preserves
shall be used at the sole risk of the public.
[Amended 9-6-2005 by L.L. No. 23-2005, effective 9-12-2005; 9-18-2023 by L.L. No. 8-2023, effective 10-2-2023]
The following acts are expressly prohibited in Town nature preserves:
B.
Use of any motorized vehicle or self-propelled wheeled vehicle within
a nature preserve, except for official vehicles of the Town of Brookhaven
or other public agency.
C.
Camping, fishing, bathing and swimming unless authorized by the Town
of Brookhaven.
D.
Kindling, building, maintaining or use of a fire.
E.
Littering, dumping or burial of any refuse, rubbish, debris, yard waste, fill, soil or vehicles as defined in Chapter 45 of the Town Code.
F.
The allowance of any dog, cat, livestock, horses or other nonnative
wildlife to enter within, into or onto a Town nature preserve.
G.
The use of motorized or unmotorized watercraft on or within any body
of surface water within a Town nature preserve unless specifically
authorized by the Town of Brookhaven.
H.
The injury, destruction, defacement, displacement, removal, filling
in, raising, or tampering with of any Town-owned drive, path, walkway,
boardwalk, structures, equipment, vehicle or signs or any wildlife,
vegetation, natural features, surface water, cultural resources or
any other ecological feature within a Town nature preserve.
I.
The carrying or use of explosives, firearms, shotguns, rifles, handguns,
BB or pellet guns and slingshots, any other weapon in which the propelling
force is a spring, elastic material or compressed air or gas or archery
equipment, except by a police officer or peace officer.
J.
Hunting and trapping.
K.
Erecting, placing or using any temporary or permanent structure,
or other encumbrance, upon the land, including but not limited to
those utilized in connection with a use prohibited by this chapter.
L.
The feeding of wild animals or the feeding and sheltering of domestic
animals.
M.
Any other use designated by resolution of the Town Board for a particular
site.
N.
Where appropriate, the Town Board may, by resolution, permit one
or more of the uses enumerated above.
In the future, an overriding and pressing public
need may arise for which it may be necessary for the Town Board to
consider the removal of all or a portion of a Town nature preserve
from nature preserve designation. In order to allow for removal of
the nature preserve designation the following procedure shall be followed
by the Town Board:
A.
Any such proposal shall be designated a Type I action
under the State Environmental Quality Review Act.
B.
A public hearing on such a proposal shall be held.
C.
No decision of the Town Board shall be made on removal
of all or part of a nature preserve designation for a period of 30
days after closing the hearing. During said thirty-day period written
comments shall be accepted by the Town Board.
D.
Any decision of the Town Board shall include compliance
with all applicable county, state, or federal laws and/or rules and
regulations governing the disposition and/or alienation of public
parkland.
[Added 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005]
[Added 9-6-2005 by L.L. No. 23-2005,
effective 9-12-2005]
The Division of Land Management is hereby authorized
to develop an “Adopt-A-Preserve” program and to enter
into “Adopt-A-Preserve” agreements, subject to the review
and approval of the Town Attorney, with interested individuals, organizations,
businesses for the purpose of maintaining properties dedicated to
the Town's nature preserve system.
A.
Criminal penalties. The violation of any provision
of this chapter shall be deemed an offense which shall be punishable
by a fine of not less than $100 nor more than $1,000 or by imprisonment
for a period not to exceed 15 days, or by both such fine and imprisonment.
B.
Civil penalties. In addition to any criminal penalties which may be improved pursuant to Subsection A, any person who violates any provision of this chapter may be ordered to restore that portion of a nature preserve damaged by their unlawful destruction to such conditions as the Town Board may require. In the event that such person refuses or fails to restore the portion of the nature preserve damaged by them to a condition ordered by the Town Board, the Town Board may proceed in a court of competent jurisdiction for an order directing such person to restore the affected portion of the nature preserve in conformity with the requirements of the Town Board.
