2006 New York Code - Central Pine Barrens Joint Planning And Policy Commission.

 
  § 57-0119. Central Pine Barrens joint planning and policy commission.
    1.  It  is  hereby found, determined and declared that the Long Island
  Central Pine  Barrens  area  is  a  major  resource  area  of  statewide
  significance   where   the  hydrological  and  ecological  integrity  is
  endangered; that a public entity  representative  of  town,  county  and
  state  government  is  necessary  and  appropriate  to  plan, manage and
  oversee land use within the Central Pine Barrens  area  of  Long  Island
  Pine  Barrens  Maritime  reserve  in the public interest for present and
  future generations; and that the Central Pine Barrens joint planning and
  policy commission created by this section and its purposes  are  in  all
  respects  for the benefit of the people of the state of New York and are
  a public purpose.
    2. There  is  hereby  established,  the  Central  Pine  Barrens  joint
  planning  and  policy  commission to consist of five voting members: one
  member appointed by the governor who will serve at the pleasure  of  the
  governor  and  four  ex  officio members who are the county executive of
  Suffolk county, the supervisor of the town of Brookhaven, the supervisor
  of the town of Riverhead and the supervisor of the town of  Southampton.
  Each  ex  officio  member  may  appoint  a designated representative, by
  official authority filed with the commission, to  exercise  his  or  her
  powers  and  perform  his or her duties, including the right to vote, on
  the commission. The  commission  shall  elect  one  of  its  members  as
  chairperson.  Four members shall constitute a quorum for the transaction
  of any business or  the  exercise  of  any  power  or  function  of  the
  commission.  An  affirmative  vote  of  three  or  more members shall be
  required to pass a resolution or otherwise  exercise  any  functions  or
  powers of the commission, except the adoption of the plan which requires
  a unanimous vote of the commission.
    3. The commission shall hold its initial meeting within thirty days of
  enactment  of  this  section,  following  public  notice  by  the county
  executive.
    4. Every state agency and public corporation  having  jurisdiction  of
  land  or  water  within  the  Central  Pine  Barrens area or of programs
  relating to the purposes and goals of this article shall, to the fullest
  extent  practicable,  offer  full  cooperation  and  assistance  to  the
  commission in carrying out the provisions of this article.
    5.  Every  local  or  regional  agency with activities relating to the
  Central Pine Barrens area may offer  assistance  to  the  commission  in
  carrying out the provisions of this article.
    6. The commission shall have the power:
    (a)  To  prepare,  adopt,  enforce  and  ensure  implementation of the
  comprehensive land use plan, with the advice of the advisory committee;
    (b) To sue and be sued;
    (c) To make and execute contracts and all other instruments  necessary
  or  convenient  for  the exercise of its powers and functions under this
  article;
    (d) To establish and maintain such facilities as may be necessary  for
  the transacting of its business;
    (e)  To appoint an executive officer, officers, agents, employees, and
  prescribe their duties and qualifications and fix their compensation;
    (f) To utilize to the extent feasible  the  staff  and  facilities  of
  existing  state and county agencies, pursuant to an agreement to be made
  by the state or by the county of Suffolk;
    (g) To hold hearings in the exercise  of  its  powers,  functions  and
  duties provided for by this article;
    (h) To contract for professional and technical assistance and advice;
    (i)  To  contract  for and to accept any assistance, including but not
  limited to gifts, grants or loans of  funds  or  of  property  from  the
  federal government or any agency or instrumentality thereof, or from any
  agency  or  instrumentality  of  the  state, or from any other public or
  private source and to comply, subject to the provisions of this article,
  with the terms and conditions thereof;
    (j)  To establish regulations, values, and standards which may include
  a system of bonuses and incentives in order to purchase, sell, hold  and
  trade development rights as defined in paragraph a of subdivision one of
  section  two  hundred  sixty-one-a  of  the town law; such transfers may
  cross municipal and special district boundaries;
    (k) To adopt, amend and repeal, after public hearing  (except  in  the
  case  of  rules  and  regulations  that  relate  to  the organization or
  internal  management  of  the  agency),  such  rules  and   regulations,
  consistent  with  this article, as it deems necessary to administer this
  article, and to do any and all things necessary or appropriate to  carry
  out  the  purposes  and  policies  of  this  article and exercise powers
  granted by law;
    (k-1) To purchase the maximum insurance,  practicable  and  affordable
  from   revenues   in   the   Pine   Barrens  fund  pursuant  to  section
  ninety-seven-o of the  state  finance  law,  from  any  duly  authorized
  insurer  in  this  state,  against  any  liability  subject to indemnity
  pursuant to subdivision six of section 57-0123 of this chapter;
    (k-2) To acquire, hold lands and interest in  land,  and  utilize  the
  power  of eminent domain within available funds in the Pine Barrens fund
  pursuant to section ninety-seven-o of the  state  finance  law  or  made
  available by local, county, or state government;
    (l)  To  provide scientific and technical assistance or to make grants
  to municipalities, towns and the county for revisions  of  local  master
  plans,  or  the  relevant  ordinances  designed  to bring such plans and
  ordinances  into  conformance  with  the  comprehensive  land  use  plan
  prepared  and  adopted  by  the commission. The commission may make such
  grants from any funds  which  may  be  appropriated  or  otherwise  made
  available to it for such purpose;
    (m)  To  establish  and  maintain  an  education  and outreach program
  relating to the commission's work;
    (n) To convene conferences, seminars, meetings, technical sessions  on
  its  own or in coordination with federal, state, county, town or private
  organizations as deemed necessary relative to its responsibilities;
    (o) To report periodically to the governor and the legislature on  the
  conduct  of  its activities not less than once a year, furnishing a copy
  of each such report to the legislative bodies of Suffolk county and  the
  towns  and  villages in whole or in part within the Central Pine Barrens
  area;
    (p) To assist local, county and state government in prioritization and
  negotiation with private landowners whose property is restricted by  the
  land  use plan, to evaluate the impact of any restrictions and develop a
  package of benefits; and
    (q) To have and exercise such other incidental and usual powers as are
  necessary and appropriate to carry out its duties.
    7. The commission shall within six months of the first meeting of  the
  commission:
    (a) Inventory all private parcels within the core preservation area.
    (b)  Upon  completion  of  the  inventory,  notify property owners and
  assign and calculate the development yield for each property located  in
  the  core  preservation  area.  Development  yield  may be calculated in
  accordance with such factors as area, floor  area,  floor  area  ratios,
  density,  height  limitations  or  other  criteria that will effectively
  quantify a value for establishing development rights in a reasonably and
  uniform manner that will carry out the objectives of this article.
    8. The commission shall within twelve months of the first  meeting  of
  the commission:
    (a)  Identify  receiving districts within and without the Central Pine
  Barrens sufficient to receive and transfer of rights and values  of  the
  core  preservation  area and for the continuation of an adequate program
  of development rights or development values.
    (b)  Consider  the  fiscal  impact  of  the  established  transfer  of
  development rights and values system.
    9.  There  is hereby created a Central Pine Barrens advisory committee
  to actively  assist  and  advise  the  commission  in  the  preparation,
  adoption  and  implementation  of the Central Pine Barrens comprehensive
  land use plan. The committee shall consist of not more than twenty-eight
  members which shall include  representatives  of  environmental  groups,
  economic   development   and   real  estate  interests,  farmers,  water
  suppliers, civic groups, planners, biologists, water quality  scientists
  and  recreational  interests.  The  members of the committee shall serve
  without compensation. The initial  members  of  the  advisory  committee
  shall  include  a  representative  of  the Long Island Association, Long
  Island Builders Institute, Association For A Better  Long  Island,  Long
  Island  Board of Realtors, Long Island Farm Bureau, Suffolk County Water
  Authority, SUNY at Stony Brook, Regional Plan Association,  Long  Island
  Pine  Barrens Society, Group For The South Fork, The Nature Conservancy,
  North Fork  Environmental  Council,  Open  Space  Council,  Long  Island
  Greenbelt  Trail Conference, Environmental Defense Fund, Eastern Suffolk
  Board of Realtors, Southampton Alliance, South Fork Promotion  Committee
  or  their  successors  and  interests,  a  member  from  the Long Island
  regional planning board, two members from the New York state legislative
  commission  on  water  resource  needs  of  Long  Island  and  a   civic
  representative  from  each  of  the towns of Southampton, Brookhaven and
  Riverhead designated by the supervisor thereof.  The  committee  may  be
  expanded  as necessary to incorporate other interests in the development
  and preservation of the Central Pine Barrens preserve. Each member shall
  serve at the pleasure of the entity which designated it.  The  committee
  by  a majority vote shall elect a chairperson. The commission shall meet
  periodically with the advisory committee, make available  working  draft
  and  other  documents,  and  shall  provide  services  to  the  advisory
  committee as are necessary and appropriate to carry  out  its  functions
  under this article.