§ 85-725. Pine Barrens Credit Program.

A. 

Purposes and objectives. The purpose, goals and objectives of the Pine Barrens Credit Program created herein is the implementation of the Comprehensive Land Use Plan adopted pursuant to Article 57 of the Environmental Conservation Law by the Central Pine Barrens Joint Planning and Policy Commission: to maintain the value in lands designated in the Plan for preservation and protection through the use and allocation of Pine Barrens credits, and to promote environmentally sensitive development in an efficient and orderly fashion which shall protect the quality and quantity of surface waters, groundwater and the long- and short-term integrity of the Suffolk County Central Pine Barrens ecosystem(s).

B. 

Commissioner's report.

(1) 

At least biannually, the Commissioner of the Department of Planning, Environment and Land Management, or his/her designee, shall report to the Town Board on the status of the Pine Barrens Credit Program created herein. Said report shall provide specific information and statistics with respect to approved development projects for which Pine Barrens credits have been redeemed, or redeemed and retired; and the number of credits which have been retired for each school district within the Town.

(2) 

Based on an analysis thereof, the Commissioner may recommend that use of Pine Barrens credits for single-family residential development be discontinued for any given school district within the Town; notwithstanding, the Commissioner may further recommend continued use of Pine Barrens development credits for nonresidential development within the Town.

(3) 

Based on the Commissioner's report and recommendations, if any, the Town Board may undertake such action as it deems necessary and appropriate in respect thereof.

C. 

General provisions.

(1) 

Pine Barrens credits shall be derived solely from lands located in the Core Preservation Area within the Town for applicability to development within the Town.

(2) 

Upon the Joint Planning and Policy Commission's determination that all Pine Barrens credits attributable to lands located within the Core Preservation Area within the Town of Brookhaven have been redeemed or retired, the provisions of this section shall expire within 30 days thereafter, and shall be of no further force and effect; all pending applications incorporating unredeemed development credits shall be deemed withdrawn.

D. 

Residential Overlay District.

(1) 

All parcels of land located outside the Core Preservation Area and within the A Residential 1 and A Residential 2 Zoning Districts are hereby deemed "receiving districts" subject to the eligibility criteria set forth herein. An increase in density shall be established by the Planning Board for any parcel (or assemblage of parcels) subject of an application therefor where such parcel is located within a receiving district so long as in conformance with the following criteria:

(a) 

The subject premises is four acres or more in size if located in the A Residential 1 Zoning District.

(b) 

The parcel is eight acres or larger if located in the A Residential 2 Zoning District.

(c) 

Preliminary approval has been granted by the Suffolk County Department of Health Services for any parcel or premises located within the A Residential 1 Zoning District and within Hydrogeologic Zone 6.

(2) 

Exceptions to eligibility as receiving districts. A parcel or premises shall be ineligible for treatment and/or classification as an ROD in the event that:

(a) 

The parcel is located within a designated Critical Resource Area as identified in the Comprehensive Land Use Plan;

(b) 

The area of the parcel to be developed is located within:

[1] 

Five hundred feet of any streams, bluffs, surface waters or wetlands regulated by the New York State Department of Environmental Conservation or the Town of Brookhaven; or

[2] 

The one-hundred-year floodplain; or

[3] 

The South Setauket Special Groundwater Protection Area (South Setauket SGPA); or

[4] 

The New York State wild, scenic and recreation river corridors; or

[5] 

Existing public lands.

(c) 

Forty percent or more of the parcel contains steep slopes of 15% or greater.

E. 

Planning Board review and approval.

(1) 

The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove applications for residential development utilizing the Residential Overlay District provisions created herein. All requirements set forth in this chapter applicable to development in the A Residence 1 District or the A Residence 2 District, as the case may be, shall be applicable to development proposals utilizing the Residential Overlay District created herein, except that:

(a) 

The Planning Board may vary, modify or waive strict compliance with the dimensional requirements applicable to an application herein as set forth in this chapter; and

(b) 

The applicant shall be entitled to an increase in density calculated in accordance with the provisions of §§ 85-718 through 85-726 as calculated and determined by the Planning Board.

(c) 

The Planning Board may allow attached or semidetached units in the utilization of a Residential Overlay District based on the following criteria:

(2) 

Additional requirements. An application for development for a Residential Overlay District shall include:

(a) 

A full long environmental assessment form (LEAF);.

(b) 

A disclosure affidavit by the applicant or his attorney-in-fact.

(c) 

Calculation(s) demonstrating customary yield, Resident Overlay District (ROD) yield and the proposed number of Pine Barrens development credits available for the development proposal.

(3) 

An application for a development proposal for any land division incorporating treatment as a Residential Overlay District shall be subject to review and approval by the Planning Board notwithstanding any other provision in this chapter or the Subdivision Regulations.

Editor's Note: See Ch. SR, Subdivision Regulations.

(4) 

Upon the Planning Board's grant of final conditional approval of an application for residential development as a Residential Overlay District, the applicant shall obtain from the Pine Barrens Credit Bank and Clearinghouse, a Pine Barrens credit certificate confirming the number of Pine Barren's credits incorporated in the approved application.

F. 

Density increase in Residential Overlay District. Residential development pursuant to the within Residential Overlay District on an eligible parcel shall be entitled to an increase in density based on the addition of Pine Barrens credits to the customary unit yield (customary yield) as permitted by this chapter. The following formula(s) shall be employed in calculating the number of Pine Barrens credits which may be added to the customary yield for a single-family dwelling project application for an eligible parcel:

[Amended 7-2-2017 by L.L. No. 19-2017, effective 8-2-2017]

(1) 

Customary yield. The product of the total acreage multiplied by 43,560 square feet is divided by the dimensional area requirement, the result of which is multiplied by a factor of 0.8, the result of which equals the customary yield. All calculations shall be rounded to the nearest whole number, example 1.5 = 2. Thus:

(a) 

In the A Residential 1 District:

(b) 

In the A Residential 2 District:

(2) 

Residential Overlay District (ROD) yield. To determine the ROD yield, the product of the parcel area multiplied by 43,560 square feet, divided by the minimum dimensional area requirement, 40,000 square feet for an A Residence 1 zoned parcel and 80,000 square feet for an A Residence 2 zoned parcel, the result of which is multiplied by a factor of 1.2, shall constitute the ROD yield:

(a) 

In the A Residence 1 District:

(b) 

In the A Residence 2 District:

(3) 

Pine Barrens credits. To determine the required number of Pine Barrens credits (PBC), subtract the customary yield from the ROD yield, the result of which equals the number of Pine Barrens credits (PBC) required for the proposed development application.