§ 85-719. Intent.

A. 

Purpose.

(1) 

It is hereby found and determined by the Town Board of the Town of Brookhaven that §§ 85-718 through 85-726 are enacted pursuant to Article 57 of the State Environmental Conservation Law, the "Long Island Pine Barrens Protection Act" ("the Act"), which requires that each local government with land use jurisdiction over lands within the Central Pine Barrens area enact land use regulations which conform to the Central Pine Barrens Comprehensive Land Use Plan. As required by the Act, the Central Pine Barrens Comprehensive Land Use Plan provides for: the preservation and protection of the Long Island Peconic Bay System (the largest single source of groundwater in New York State); the preservation and protection of endangered and threatened plants and animals; and the protection of the unique natural resources and ecosystems of the Pine Barrens-Peconic Bay System.

(2) 

Sections 85-718 through 85-726 are promulgated in accordance with the mandates of Article 57 of the Environmental Conservation Law with the express intent of providing planning mechanisms which permit conformance with the Central Pine Barrens Comprehensive Land Use Plan; implementing the objectives of the Central Pine Barrens Comprehensive Land Use Plan through the redirection of development from the Core Preservation Area to eligible areas and by the establishment of reasonable and appropriate patterns of development in the Compatible Growth Area. Sections 85-718 through 85-726 are further intended to meet the goals of the Central Pine Barrens Comprehensive Land Use Plan whereby appropriate patterns of compatible residential, commercial, agricultural and industrial development are encouraged in order to accommodate regional growth influences in an orderly way while protecting the Pine Barrens environment from individual and cumulative adverse impacts and to promote development which is compact, efficient and orderly, and reasonably calculated to protect the quality and quantity of surface water, groundwater and the short-term and long-term integrity of the Pine Barrens ecosystem(s).

(3) 

By §§ 85-718 through 85-726, it is this Town Board's express intent to develop and employ creative planning techniques to implement the objectives of the Pine Barrens Credit Program, by and through the use of Residential Overlay Districts, Planned Development Districts and incentive zoning in order to ensure the preservation of the Core Preservation Area while concomitantly avoiding significant adverse environmental or economic impacts to non-Core area(s) throughout the Town. Further, it is this Board's intent to provide for effective environmental review of development proposals as appropriate; to avoid redundancy and duplication in reporting and project review requirements; and to avoid unwarranted delay in the review of development proposals by streamlining review procedures and establishing standards for development consistent with the Central Pine Barrens Comprehensive Land Use Plan.

(4) 

To the extent that §§ 85-718 through 85-726 herein are inconsistent with Article 16 of Town Law §§ 261-a, 261-b, 267, 267-b, 274-a, 276, 277(6) and 278, §§ 85-718 through 85-726 are hereby intended to amend and supersede said provisions in furtherance of the goals and objectives set forth herein and which are consistent with the Central Pine Barrens Comprehensive Land Use Plan duly adopted in accordance with the provisions of Article 57 of the Environmental Conservation Law.

(5) 

In order to redirect development from lands located within the Core Preservation Area to receiving districts, §§ 85-718 through 85-726 provide for two basic approaches:

(a) 

The recognition and use of Pine Barrens credits for the transfer of development rights through the use of the residential zoning category created herein and known as the "Residential Overlay District (ROD)," which provides for the transfer of development rights from lands located in the Core Preservation Area to lands located outside the Core Area and in the A Residential 1 Zoning District and A Residential 2 Zoning District, with an increase in density; and

(b) 

The employment of innovative planning techniques, including, but not limited to, the use of Planned Development Districts (PDDs) and incentive zoning.

(6) 

The Planned Development District (PDD), as set forth in this chapter, is a floating zoning district classification specifically designed as a mechanism or tool to allow for the unified and coordinated development of lands, utilizing the transfer of development rights from the Core Preservation Area to receiving districts, and which provides for zoning incentives in order to achieve special public benefits flexible design features.

(7) 

The PDD zoning mechanism is intended and designed to facilitate the transfer of Pine Barren credits from the Core Preservation Area to sites in the receiving districts which are capable of accommodating increased intensity of development and increased density of development.

B. 

Goals and objectives.

(1) 

The Central Pine Barrens Comprehensive Land Use Plan sets forth numerous goals for the Central Pine Barrens in accordance with the Long Island Pine Barrens Protection Act, including:

(a) 

Protect, preserve and enhance the functional integrity of the Pine Barrens ecosystem and the significant natural resources, including plant and animal populations and communities thereof;

(b) 

Protect the quality of surface water and groundwater;

(c) 

Discourage piecemeal and scattered development;

(d) 

Promote active and passive recreational and environmental education uses that are consistent with the land use plan; and

(e) 

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 compact, efficient and orderly.

(2) 

The Central Pine Barrens Comprehensive Land Use Plan sets forth goals for the Core Preservation Area, including:

(a) 

Preserving the Pine Barrens area in its natural state, thereby ensuring the continuation of Pine Barrens environments which contain the unique and significant ecologic, hydrogeological and other resources representative of such environments;

(b) 

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 therein;

(c) 

Prohibiting or redirecting new construction or development;

(d) 

Accommodating specific Pine Barrens management practices;

(e) 

Protecting and preserving the quality of surface waters and groundwaters; and

(f) 

Coordinating and providing for the acquisition of private land interests as appropriate and consistent with available funds.

(3) 

The Central Pine Barrens Comprehensive Land Use Plan goals for the Compatible Growth Area are as follows:

(a) 

Preserve and maintain the essential character of the existing Pine Barrens environment, including plant and animal species indigenous thereto and habitats thereof;

(b) 

Protect the quality of surface water and groundwater;

(c) 

Discourage piecemeal and scattered development;

(d) 

Encourage appropriate patterns of 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;

(e) 

Accommodate a portion of development redirected from the preservation area. Such development may be redirected across municipal boundaries; and

(f) 

Allow appropriate growth consistent with the natural resource goals pursuant to the Plan.

(4) 

An essential component of the Central Pine Barrens Comprehensive Land Use Plan, in the fulfillment and satisfaction of these goals and objectives, is the acquisition and conservation of undeveloped lands within the Core Preservation Area which all contribute to the protection and preservation of the ecologic and hydrologic functions of the Central Pine Barrens Area. In order to satisfy these goals, various planning tools, mechanisms and standards are created and established by §§ 85-718 through 85-726 in order to promote development which is environmentally sensitive, compact, efficient and orderly, and reasonably calculated to protect the quality and quantity of surface water and groundwater and the short-term and long-term integrity of the Pine Barrens ecosystems.