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SECTION 57-0119
Central Pine Barrens joint planning and policy commission
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 57, TITLE 1
§ 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 title shall, to the fullest
extent practicable, offer full cooperation and assistance to the
commission in carrying out the provisions of this title.

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 title.

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
title;

(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 title;

(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 title,
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 title, as it deems necessary to administer this
title, and to do any and all things necessary or appropriate to carry
out the purposes and policies of this title 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 reasonable and
uniform manner that will carry out the objectives of this title.

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 title.