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This entry was published on 2014-09-22
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SECTION 57-0122
Carmans River watershed plan amendment
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 57, TITLE 1
* § 57-0122. Carmans River watershed plan amendment.

1. Within six months of the effective date of this section, the town
of Brookhaven shall finalize the Carmans River watershed protection and
management plan, and the commission shall approve such finalized plan,
following ratification by the commission the town board of the town of
Brookhaven shall ratify such finalized Carmans River watershed
protection and management plan as a plan amendment to the Central Pine
Barrens comprehensive management plan in order to provide for the
protection of the Carmans River watershed. Such plan amendment shall be
consistent with the findings enumerated by this act, as well as section
57-0105 of this title, and the plan goals enumerated in subdivisions
two, three and four of section 57-0121 of this title.

2. The plan amendment shall provide for, address, and include the
implementation of land protection mechanisms including, but not limited
to: (a) acquisition; (b) conservation easements; (c) transfer of
development rights, including but not limited to the creation of
receiving zones for the use of such rights adequate to achieve the goals
of preservation and balanced growth within the town of Brookhaven; (d)
purchase of development rights; (e) donations; (f) clustering; (g)
planned unit development; (h) land trusts; (i) exchanges between
privately and publicly owned lands; (j) or other zoning actions
consistent with the provisions of this section.

3. Such plan amendment shall be adopted by the commission pursuant to
provisions relating to plan amendments enumerated in subdivision
thirteen of section 57-0121 of this title. Such plan amendment shall be
ratified by the Brookhaven town board, pursuant to a duly adopted
resolution of such board.

4. Upon adoption and ratification of the plan amendment, such
amendment shall be implemented by the town of Brookhaven as provided by
subdivision five of this section.

5. Within three months after the land use plan has been adopted by the
commission, the Brookhaven town board shall adopt and amend as necessary
land use and zoning regulations, by local law or ordinance, rule or
regulation to conform their land use regulations to the plan amendment.
At least thirty days before adoption thereof, the town board shall
submit the proposed regulations to the commission for its review and
approval. Within ten days of receipt of such proposed regulations, the
commission shall review and approve such proposed regulations, or if it
does not approve them, return them with comments on what needs to be
done to make them approvable. The plan amendment shall be deemed to be
implemented upon adoption by the town board of approved land use

6. Upon implementation of the land use regulations by the town board,
all the provisions of this article relating to the core preservation
area and Central Pine Barrens area shall also apply to the Carmans River
watershed addition to the core preservation area and the Carmans River
addition to the Central Pine Barrens area.

* NB Repealed 9 months after September 23, 2011 if the Central Pine
Barrens Joint Policy Commission does not adopt the plan pursuant to
chapter 538/2011 § 3