§ 85-159. Remedies and penalties for violations in Central Pine Barrens.

A. 

Legislative intent.

(1) 

In 1993, New York State adopted § 57-0119 of the Environmental Conservation Law, 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 Brookhaven, Riverhead and Southampton.

(2) 

This Commission was formed to implement, manage and oversee land use within the Central Pine Barrens area on Long Island. ECL § 57-0119(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 to regulate the implementation of the Plan within the Central Pine Barrens region.

(3) 

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 Brookhaven enacted § 85-718 of this Code entitled "Central Pine Barrens District."

(4) 

The intention of the original legislation adopted in 1995 and the resulting plan was that the local planning 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.

(5) 

In an effort to address unauthorized or illegal activity within the boundaries of the Central Pine Barrens area, in particular clearing of large tracts of land without the necessary approvals, the members of the Commission have expressed an interest in enforcing Article 57 of the ECL. 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.

(6) 

The Towns of Brookhaven, Riverhead 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.

(7) 

This section 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 codes regarding the Long Island Central Pine Barrens region.

(8) 

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 section is adopted pursuant to the home rule authorization found within § 10(4)(b) of the Municipal Home Rule Law and is intended to supersede § 268 of the Town Law.

B. 

In addition to the remedies provided for in § 85-157 which apply as if fully set forth herein, any person or entity who or which shall violate any of the provisions of §§ 85-718 through 85-726, entitled the "Central Pine Barrens District," shall restore the subject premises or property or shall undertake any necessary remedial action as required by the Town in order to bring the subject premises or property into conformance with the requirements of §§ 85-718 through 85-726 of this Code and the Central Pine Barrens Comprehensive Land Use Plan or any permit, covenant, condition or approval issued pursuant thereto, in addition to the fines set forth in § 85-157.

C. 

Any person or entity who or which shall violate any of the provisions of §§ 85-718 through 85-726, entitled the "Central Pine Barrens District," 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 exceeding $25,000 or no more than one year in jail for violations occurring on premises or property located within the Core Preservation Area, or not exceeding $10,000 or no more than one year in jail for violations occurring on premises or property located within the Compatible Growth Area, and an additional fine not exceeding $1,000 in both areas for each day that such violation continues. A violation of this section shall be classified as an unclassified misdemeanor.

D. 

Any fines or penalties collected pursuant to either § 85-157 or 85-158 of this Code with regard to the violations occurring within the Central Pine Barrens District shall be deposited with the Town Department of Finance and shall be maintained in a segregated account to be used exclusively for protection, preservation, enhancement and/or restoration of the natural resources and ecosystems of the Central Pine Barrens District.