S T A T E O F N E W Y O R K
________________________________________________________________________
S. 5663 A. 8265
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
June 9, 2011
___________
IN SENATE -- Introduced by Sens. LAVALLE, ZELDIN -- read twice and
ordered printed, and when printed to be committed to the Committee on
Environmental Conservation
IN ASSEMBLY -- Introduced by M. of A. SWEENEY, THIELE, ENGLEBRIGHT,
FITZPATRICK, LOSQUADRO, MURRAY, RAIA -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
addition of certain lands within the Carmans River watershed to the
core preservation area of the Central Pine Barrens
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The Legislature finds that increasing
2 protection for the Carmans River and its watershed as a part of the
3 Central Pine Barrens is a vital goal that benefits the environment and
4 the economy of the state. The Carmans River is one of only two found
5 within the Central Pine Barrens. As such, the Carmans River represents a
6 significant and integral part of the Central Pine Barrens ecosystem.
7 Although various State and local measures have been undertaken to
8 protect the Carmans River over the last several decades, recent scien-
9 tific studies have indicated that existing measures are insufficient to
10 protect the Carmans River. Further, the Carmans River is beginning to
11 demonstrate a decline in both the quality of its surface water and its
12 ecological integrity.
13 The town of Brookhaven has commenced a planning process to protect the
14 Carmans River. The proposed plan is designed to protect and preserve the
15 areas within the Carmans River watershed while also allowing for appro-
16 priate economic growth in areas of Brookhaven outside of the Carmans
17 River watershed through the implementation of a transfer of development
18 rights program and the creation of a multi-family district to receive
19 those development rights. This process has also involved the cooper-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11914-04-1
S. 5663 2 A. 8265
1 ation and participation of the Central Pine Barrens joint planning and
2 policy commission.
3 The entire watercourse of the Carmans River lies within the Central
4 Pine Barrens and much of its groundwater watershed also lies within the
5 Central Pine Barrens and entirely within the town of Brookhaven.
6 Accordingly, the most effective means of achieving the objectives of
7 environmental preservation of the Carmans River watershed and economic
8 growth on other areas of the town of Brookhaven would be to expand the
9 core preservation area of the Central Pine Barrens.
10 As a result, it is proposed to expand the core preservation area boun-
11 dary to encompass those areas most critical to the Carmans River and to
12 include public parklands and open space areas which are near or current-
13 ly adjacent to the core preservation area and which should be integrated
14 into the core preservation area. The Central Pine Barrens Area boundary
15 located south of the Long Island Expressway will also be expanded to be
16 coincident with boundaries of the expanded core preservation area.
17 The expansion of the core preservation area will provide significantly
18 more protection to the Carmans River than currently exists and will help
19 to ensure that key ecological values and habitats will be adequately
20 protected, enhanced and maintained.
21 This legislation establishes a process consistent with the ongoing
22 town of Brookhaven planning process that will result in the inclusion of
23 the Carmans River watershed in the core preservation area and the imple-
24 mentation of an amendment to the Central Pine Barrens Comprehensive
25 Management Plan to protect the Carmans River watershed.
26 S 2. Section 57-0107 of the environmental conservation law is amended
27 by adding four new subdivisions 10-a, 11-a, 11-b and 15 to read as
28 follows:
29 10-A. "CARMANS RIVER WATERSHED ADDITION TO THE CENTRAL PINE BARRENS
30 AREA" SHALL MEAN THOSE LANDS DESIGNATED AS THE CARMANS RIVER ADDITION TO
31 THE CENTRAL PINE BARRENS AREA IN THE CARMANS RIVER WATERSHED PROTECTION
32 AND MANAGEMENT PLAN AND MORE SPECIFICALLY DELINEATED ON A MAP DATED, MAY
33 TWO THOUSAND ELEVEN, AS APPROVED BY THE BROOKHAVEN TOWN BOARD.
34 11-A. "CARMANS RIVER WATERSHED ADDITION TO THE CORE PRESERVATION AREA"
35 SHALL MEAN THAT THOSE LANDS DESIGNATED AS THE CARMANS RIVER ADDITION TO
36 THE CORE PRESERVATION AREA IN THE CARMANS RIVER WATERSHED PROTECTION AND
37 MANAGEMENT PLAN AND MORE SPECIFICALLY DELINEATED ON A MAP DATED, MAY TWO
38 THOUSAND ELEVEN, AS APPROVED BY THE BROOKHAVEN TOWN BOARD AND DESCRIBED
39 IN SUBDIVISION ELEVEN-B OF THIS SECTION.
40 11-B. THE CARMANS RIVER WATERSHED ADDITION TO THE CORE PRESERVATION
41 AREA SHALL INCLUDE THE FOLLOWING SUFFOLK COUNTY TAX MAP PARCELS, ALL
42 LOCATED IN THE TOWN OF BROOKHAVEN DISTRICT 200, EQUAL TO 1,018.85 ACRES
43 MORE OR LESS.
44 SECTION 54700 BLOCK 100 LOT 19000
45 SECTION 61000 BLOCK 100 LOT 22000
46 SECTION 70700 BLOCK 200 LOT 14000
47 SECTION 74400 BLOCK 300 LOT 26000
48 SECTION 74400 BLOCK 300 LOT 34000
49 SECTION 84600 BLOCK 400 LOT 1000
50 SECTION 97420 BLOCK 200 LOT 11000
51 SECTION 84600 BLOCK 500 LOT 10004
52 SECTION 84700 BLOCK 100 LOT 7001
53 SECTION 84700 BLOCK 100 LOT 7003
54 SECTION 90300 BLOCK 100 LOT 14000
55 SECTION 84600 BLOCK 500 LOT 3000
56 SECTION 54800 BLOCK 100 LOT 21001
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1 SECTION 90200 BLOCK 400 LOT 5000
2 SECTION 50100 BLOCK 100 LOT 2001
3 SECTION 50100 BLOCK 100 LOT 2002
4 SECTION 87800 BLOCK 100 LOT 2000
5 SECTION 97850 BLOCK 200 LOT 5004
6 SECTION 61300 BLOCK 100 LOT 20002
7 SECTION 61400 BLOCK 100 LOT 1005
8 SECTION 90200 BLOCK 400 LOT 2000
9 SECTION 87600 BLOCK 300 LOT 6000
10 SECTION 61100 BLOCK 200 LOT 17000
11 SECTION 54800 BLOCK 100 LOT 3000
12 SECTION 97420 BLOCK 200 LOT 21003
13 SECTION 97420 BLOCK 200 LOT 21004
14 SECTION 90300 BLOCK 100 LOT 13000
15 SECTION 52700 BLOCK 500 LOT 3000
16 SECTION 70700 BLOCK 200 LOT 29002
17 SECTION 61100 BLOCK 200 LOT 15000
18 SECTION 61100 BLOCK 200 LOT 16003
19 SECTION 43200 BLOCK 100 LOT 12000
20 SECTION 43400 BLOCK 100 LOT 7000
21 SECTION 84600 BLOCK 500 LOT 23002
22 SECTION 54800 BLOCK 200 LOT 5001
23 SECTION 63600 BLOCK 200 LOT 48000
24 SECTION 63700 BLOCK 200 LOT 2001
25 SECTION 63600 BLOCK 200 LOT 34000
26 SECTION 54800 BLOCK 100 LOT 20001
27 SECTION 54800 BLOCK 100 LOT 23001
28 SECTION 54800 BLOCK 100 LOT 22001
29 SECTION 54800 BLOCK 200 LOT 1008
30 SECTION 58300 BLOCK 100 LOT 1000
31 SECTION 61400 BLOCK 100 LOT 1004
32 SECTION 61000 BLOCK 200 LOT 23000
33 SECTION 54700 BLOCK 100 LOT 18001
34 SECTION 52800 BLOCK 400 LOT 26000
35 SECTION 84700 BLOCK 300 LOT 30002
36 SECTION 84700 BLOCK 300 LOT 30003
37 SECTION 61100 BLOCK 100 LOT 4001
38 SECTION 61400 BLOCK 100 LOT 1003
39 SECTION 61300 BLOCK 100 LOT 20001
40 SECTION 61300 BLOCK 100 LOT 18000
41 SECTION 45600 BLOCK 200 LOT 5000
42 SECTION 45600 BLOCK 200 LOT 4000
43 SECTION 84700 BLOCK 100 LOT 17003
44 SECTION 81700 BLOCK 100 LOT 17000
45 SECTION 49900 BLOCK 200 LOT 1000
46 SECTION 84600 BLOCK 500 LOT 23001
47 SECTION 87600 BLOCK 200 LOT 17000
48 SECTION 66700 BLOCK 100 LOT 4000
49 SECTION 61000 BLOCK 100 LOT 10000
50 SECTION 63800 BLOCK 300 LOT 2000
51 SECTION 93300 BLOCK 300 LOT 1003
52 SECTION 90300 BLOCK 100 LOT 15000
53 SECTION 78100 BLOCK 200 LOT 25000
54 SECTION 70700 BLOCK 100 LOT 2000
55 SECTION 54700 BLOCK 100 LOT 11000
56 SECTION 52800 BLOCK 400 LOT 38001
S. 5663 4 A. 8265
1 SECTION 84700 BLOCK 200 LOT 16000
2 SECTION 90300 BLOCK 100 LOT 12002
3 SECTION 90300 BLOCK 100 LOT 6000
4 SECTION 66700 BLOCK 100 LOT 6000
5 SECTION 63700 BLOCK 300 LOT 41000
6 SECTION 66600 BLOCK 100 LOT 21000
7 SECTION 87600 BLOCK 300 LOT 1000
8 SECTION 66300 BLOCK 100 LOT 2000
9 SECTION 61100 BLOCK 300 LOT 17000
10 SECTION 84700 BLOCK 100 LOT 7002
11 SECTION 84700 BLOCK 100 LOT 7004
12 SECTION 74400 BLOCK 200 LOT 9000
13 SECTION 74400 BLOCK 200 LOT 10000
14 SECTION 90200 BLOCK 400 LOT 3001
15 SECTION 97420 BLOCK 200 LOT 21001
16 SECTION 97420 BLOCK 200 LOT 10004
17 SECTION 97630 BLOCK 100 LOT 18001
18 SECTION 97630 BLOCK 100 LOT 18002
19 SECTION 97640 BLOCK 100 LOT 13002
20 SECTION 97850 BLOCK 200 LOT 5002
21 SECTION 84700 BLOCK 100 LOT 17002
22 SECTION 70600 BLOCK 100 LOT 3000
23 SECTION 61200 BLOCK 200 LOT 8000
24 SECTION 97630 BLOCK 300 LOT 8002
25 SECTION 48200 BLOCK 100 LOT 4000
26 SECTION 84600 BLOCK 500 LOT 10003
27 SECTION 63700 BLOCK 200 LOT 7000
28 SECTION 57800 BLOCK 300 LOT 1001
29 SECTION 57900 BLOCK 200 LOT 57000
30 SECTION 93200 BLOCK 300 LOT 34000
31 SECTION 66500 BLOCK 200 LOT 1000
32 SECTION 52800 BLOCK 400 LOT 25000
33 SECTION 84600 BLOCK 500 LOT 23003
34 SECTION 61100 BLOCK 300 LOT 4000
35 SECTION 97420 BLOCK 200 LOT 23005
36 SECTION 52800 BLOCK 600 LOT 10000
37 SECTION 84700 BLOCK 200 LOT 13000
38 SECTION 48200 BLOCK 100 LOT 3001
39 SECTION 49800 BLOCK 300 LOT 21003
40 SECTION 52700 BLOCK 500 LOT 4000
41 SECTION 52700 BLOCK 500 LOT 10000
42 SECTION 54700 BLOCK 100 LOT 12000
43 SECTION 54700 BLOCK 100 LOT 20000
44 SECTION 54800 BLOCK 200 LOT 1007
45 SECTION 61100 BLOCK 300 LOT 3001
46 SECTION 61100 BLOCK 300 LOT 9000
47 SECTION 74400 BLOCK 100 LOT 10000
48 SECTION 81700 BLOCK 300 LOT 35000
49 SECTION 90300 BLOCK 100 LOT 12001
50 SECTION 54800 BLOCK 200 LOT 4000
51 SECTION 54800 BLOCK 200 LOT 2001
52 SECTION 63600 BLOCK 200 LOT 5000
53 SECTION 61300 BLOCK 100 LOT 15001
54 SECTION 61100 BLOCK 300 LOT 22000
55 SECTION 61100 BLOCK 300 LOT 23000
56 SECTION 61100 BLOCK 300 LOT 24000
S. 5663 5 A. 8265
1 SECTION 61100 BLOCK 300 LOT 25000
2 SECTION 61100 BLOCK 300 LOT 26000
3 SECTION 61100 BLOCK 300 LOT 27000
4 SECTION 61100 BLOCK 300 LOT 28000
5 SECTION 63600 BLOCK 100 LOT 36000
6 SECTION 63600 BLOCK 100 LOT 37000
7 SECTION 63600 BLOCK 200 LOT 14000
8 SECTION 63600 BLOCK 200 LOT 15000
9 SECTION 63600 BLOCK 200 LOT 33000
10 SECTION 63600 BLOCK 200 LOT 35000
11 SECTION 63600 BLOCK 200 LOT 36000
12 SECTION 63600 BLOCK 200 LOT 38000
13 SECTION 63600 BLOCK 200 LOT 41000
14 SECTION 63600 BLOCK 200 LOT 42000
15 SECTION 63600 BLOCK 200 LOT 43000
16 SECTION 63600 BLOCK 200 LOT 45000
17 SECTION 63600 BLOCK 200 LOT 56001
18 SECTION 63600 BLOCK 200 LOT 56002
19 SECTION 63600 BLOCK 200 LOT 57001
20 SECTION 63600 BLOCK 200 LOT 57002
21 SECTION 63600 BLOCK 200 LOT 57003
22 SECTION 63600 BLOCK 200 LOT 59001
23 SECTION 63600 BLOCK 200 LOT 59002
24 SECTION 63600 BLOCK 200 LOT 60001
25 SECTION 63600 BLOCK 200 LOT 60002
26 SECTION 63600 BLOCK 200 LOT 61000
27 SECTION 63700 BLOCK 300 LOT 1000
28 SECTION 63700 BLOCK 300 LOT 4000
29 SECTION 63700 BLOCK 300 LOT 7000
30 SECTION 63700 BLOCK 300 LOT 8000
31 SECTION 63700 BLOCK 300 LOT 10000
32 SECTION 63700 BLOCK 300 LOT 25000
33 SECTION 63700 BLOCK 300 LOT 26000
34 SECTION 63700 BLOCK 300 LOT 27000
35 SECTION 63700 BLOCK 300 LOT 28000
36 SECTION 63700 BLOCK 300 LOT 29000
37 SECTION 63700 BLOCK 300 LOT 32000
38 SECTION 63700 BLOCK 300 LOT 35000
39 SECTION 63700 BLOCK 300 LOT 36000
40 SECTION 63700 BLOCK 300 LOT 37000
41 SECTION 63700 BLOCK 300 LOT 38000
42 SECTION 63700 BLOCK 300 LOT 39000
43 SECTION 63700 BLOCK 300 LOT 40000
44 SECTION 63700 BLOCK 300 LOT 42000
45 SECTION 63700 BLOCK 300 LOT 43000
46 SECTION 63700 BLOCK 300 LOT 45000
47 SECTION 63700 BLOCK 300 LOT 46000
48 15. "CARMANS RIVER WATERSHED PROTECTION AND MANAGEMENT PLAN" SHALL
49 MEAN THE DRAFT COMPREHENSIVE LAND USE PLAN PREPARED FOR THE TOWN OF
50 BROOKHAVEN, BY THE CARMANS RIVER STUDY GROUP, DATED FEBRUARY TWO THOU-
51 SAND ELEVEN.
52 S 3. The environmental conservation law is amended by adding a new
53 section 57-0122 to read as follows:
54 S 57-0122. CARMANS RIVER WATERSHED PLAN AMENDMENT.
55 1. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE TOWN
56 OF BROOKHAVEN SHALL FINALIZE THE CARMANS RIVER WATERSHED PROTECTION AND
S. 5663 6 A. 8265
1 MANAGEMENT PLAN, AND THE COMMISSION SHALL APPROVE SUCH FINALIZED PLAN,
2 FOLLOWING RATIFICATION BY THE COMMISSION THE TOWN BOARD OF THE TOWN OF
3 BROOKHAVEN SHALL RATIFY SUCH FINALIZED CARMANS RIVER WATERSHED
4 PROTECTION AND MANAGEMENT PLAN AS A PLAN AMENDMENT TO THE CENTRAL PINE
5 BARRENS COMPREHENSIVE MANAGEMENT PLAN IN ORDER TO PROVIDE FOR THE
6 PROTECTION OF THE CARMANS RIVER WATERSHED. SUCH PLAN AMENDMENT SHALL BE
7 CONSISTENT WITH THE FINDINGS ENUMERATED BY THIS ACT, AS WELL AS SECTION
8 57-0105 OF THIS TITLE, AND THE PLAN GOALS ENUMERATED IN SUBDIVISIONS
9 TWO, THREE AND FOUR OF SECTION 57-0121 OF THIS TITLE.
10 2. THE PLAN AMENDMENT SHALL PROVIDE FOR, ADDRESS, AND INCLUDE THE
11 IMPLEMENTATION OF LAND PROTECTION MECHANISMS INCLUDING, BUT NOT LIMITED
12 TO: (A) ACQUISITION; (B) CONSERVATION EASEMENTS; (C) TRANSFER OF DEVEL-
13 OPMENT RIGHTS, INCLUDING BUT NOT LIMITED TO THE CREATION OF RECEIVING
14 ZONES FOR THE USE OF SUCH RIGHTS ADEQUATE TO ACHIEVE THE GOALS OF PRES-
15 ERVATION AND BALANCED GROWTH WITHIN THE TOWN OF BROOKHAVEN; (D) PURCHASE
16 OF DEVELOPMENT RIGHTS; (E) DONATIONS; (F) CLUSTERING; (G) PLANNED UNIT
17 DEVELOPMENT; (H) LAND TRUSTS; (I) EXCHANGES BETWEEN PRIVATELY AND
18 PUBLICLY OWNED LANDS; (J) OR OTHER ZONING ACTIONS CONSISTENT WITH THE
19 PROVISIONS OF THIS SECTION.
20 3. SUCH PLAN AMENDMENT SHALL BE ADOPTED BY THE COMMISSION PURSUANT TO
21 PROVISIONS RELATING TO PLAN AMENDMENTS ENUMERATED IN SUBDIVISION THIR-
22 TEEN OF SECTION 57-0121 OF THIS TITLE. SUCH PLAN AMENDMENT SHALL BE
23 RATIFIED BY THE BROOKHAVEN TOWN BOARD, PURSUANT TO A DULY ADOPTED RESOL-
24 UTION OF SUCH BOARD.
25 4. UPON ADOPTION AND RATIFICATION OF THE PLAN AMENDMENT, SUCH AMEND-
26 MENT SHALL BE IMPLEMENTED BY THE TOWN OF BROOKHAVEN AS PROVIDED BY
27 SUBDIVISION FIVE OF THIS SECTION.
28 5. WITHIN THREE MONTHS AFTER THE LAND USE PLAN HAS BEEN ADOPTED BY THE
29 COMMISSION, THE BROOKHAVEN TOWN BOARD SHALL ADOPT AND AMEND AS NECESSARY
30 LAND USE AND ZONING REGULATIONS, BY LOCAL LAW OR ORDINANCE, RULE OR
31 REGULATION TO CONFORM THEIR LAND USE REGULATIONS TO THE PLAN AMENDMENT.
32 AT LEAST THIRTY DAYS BEFORE ADOPTION THEREOF, THE TOWN BOARD SHALL
33 SUBMIT THE PROPOSED REGULATIONS TO THE COMMISSION FOR ITS REVIEW AND
34 APPROVAL. WITHIN TEN DAYS OF RECEIPT OF SUCH PROPOSED REGULATIONS, THE
35 COMMISSION SHALL REVIEW AND APPROVE SUCH PROPOSED REGULATIONS, OR IF IT
36 DOES NOT APPROVE THEM, RETURN THEM WITH COMMENTS ON WHAT NEEDS TO BE
37 DONE TO MAKE THEM APPROVABLE. THE PLAN AMENDMENT SHALL BE DEEMED TO BE
38 IMPLEMENTED UPON ADOPTION BY THE TOWN BOARD OF APPROVED LAND USE REGU-
39 LATIONS.
40 6. UPON IMPLEMENTATION OF THE LAND USE REGULATIONS BY THE TOWN BOARD,
41 ALL THE PROVISIONS OF THIS ARTICLE RELATING TO THE CORE PRESERVATION
42 AREA AND CENTRAL PINE BARRENS AREA SHALL ALSO APPLY TO THE CARMANS RIVER
43 WATERSHED ADDITION TO THE CORE PRESERVATION AREA AND THE CARMANS RIVER
44 ADDITION TO THE CENTRAL PINE BARRENS AREA.
45 S 4. Agriculture and horticulture study and analysis in the Central
46 Pine Barrens. 1. Agriculture and horticulture continues to be a major,
47 important and vital industry in the Central Pine Barrens and it contin-
48 ues to be the policy of the state of New York that compatible agricul-
49 tural and horticultural uses be maintained and encouraged within the
50 Central Pine Barrens. Sustaining agriculture in the Central Pine Barrens
51 while harmonizing and balancing such use with other, concomitant Central
52 Pine barrens objectives, including groundwater and ecological
53 protection, continues to be a primary goal of the state of New York.
54 2. As soon as is practicable and within twelve months of the effective
55 date of this section, the Central Pine Barrens Joint Planning and Policy
56 commission shall prepare or cause to be prepared, in cooperation and
S. 5663 7 A. 8265
1 coordination with the Suffolk county planning department and the Suffolk
2 county agricultural and farmland protection board, a comprehensive study
3 and analysis of agriculture and horticulture in the Central Pine
4 Barrens.
5 3. The study shall examine and shall incorporate the following
6 elements:
7 (a) An identification and inventory of existing farms, farmland, agri-
8 cultural land and horticultural land within both the compatible growth
9 area and the core preservation area. The inventory shall include, but
10 not be limited to:
11 (i) locations of existing farms;
12 (ii) boundaries of existing farms, including tax map parcels;
13 (iii) ownership;
14 (iv) leased farmland;
15 (v) areas of farms in active cultivation;
16 (vi) areas of farms which have been cleared of natural vegetation;
17 (vii) areas of fallow farmland;
18 (viii) areas of farms remaining in natural vegetation;
19 (ix) areas of farms devoted to other uses including, but not limited
20 to, infrastructure, windbreaks, structures, equipment storage, irri-
21 gation wells and pumps;
22 (x) agricultural products generated by each farm;
23 (xi) ecological, hydrological, geological, historical, scenic and
24 archaeological features within or in proximity to existing farms;
25 (xii) location of agricultural districts in relation to existing
26 farms; and
27 (xiii) any other elements considered necessary.
28 (b) An identification and inventory of the existing land uses which
29 lie adjacent to and/or occupy the areas surrounding each farm.
30 (c) An identification and analysis of areas adjacent to existing farms
31 which may be considered for farm expansion in future years, the extent
32 of active cultivation on existing farms and the presence of natural
33 vegetation and ecological, geological, historical, scenic and archaeo-
34 logical features in portions of existing farms which may be desirable
35 for expanded cultivation in the future.
36 (d) The study shall include an analysis and review of trends, influ-
37 ences and issues affecting farming in the Central Pine Barrens and the
38 potential impacts of these elements on farming in the Central Pine
39 Barrens.
40 (e) The study shall develop and provide a comprehensive vegetation
41 management plan for non-cultivated areas of vegetation within all exist-
42 ing farms in the Central Pine Barrens which, if adopted, would allow the
43 Central Pine Barrens Joint Planning and Policy commission to review
44 potential vegetation clearing and other matters within farms in a
45 comprehensive, panoptic and systematic manner as opposed to on a case-
46 by-case basis.
47 (f) The study shall make recommendations, as and if needed, for amend-
48 ments to the Central Pine Barrens comprehensive land use plan considered
49 necessary as an outgrowth of the study's analysis. The study shall also
50 make recommendations to the towns within the Central Pine Barrens as to
51 code and plan changes, pertaining to land use within the Central Pine
52 Barrens, which should be contemplated, particularly to reduce or elimi-
53 nate conflicts among overlapping regulatory jurisdictions.
54 S 5. Severability. The provisions of this act shall be severable and
55 if any portion thereof or the applicability thereof to any person or
S. 5663 8 A. 8265
1 circumstances shall be held invalid, the remainder of this act and the
2 application thereof shall not be affected thereby.
3 S 6. This act shall take effect immediately, provided that if nine
4 months after this act shall have become a law, the plan amendment speci-
5 fied in section 57-0122 of the environmental conservation law shall not
6 have been adopted, ratified, and implemented as provided for by section
7 three of this act, this act shall be deemed repealed and of no force and
8 effect. If the plan amendment is adopted, ratified, and implemented, the
9 Central Pine Barrens Joint Planning and Policy commission shall provide
10 an accurate metes and bounds description of the boundaries depicted in
11 the map dated May 2011, as further described in subdivision 11-b of
12 section 57-0107 of the environmental conservation law, as added by
13 section two of this act, and as approved by the Brookhaven town board,
14 to the state legislature within such nine month period. If the state
15 legislature does not approve the metes and bounds description within
16 nine months of their receipt of such description, then this act shall
17 expire and be deemed repealed. The Central Pine Barrens Joint Planning
18 and Policy commission shall notify the legislative bill drafting commis-
19 sion upon the adoption, ratification, and implementation of the plan
20 amendment pursuant to section 57-0122 of the environmental conservation
21 law authorized pursuant to section three of this act and subsequent
22 legislative approval of the metes and bounds description required pursu-
23 ant to this section in order that the legislative bill drafting commis-
24 sion may maintain an accurate and timely effective data base of the
25 official text of the laws of the state of New York in furtherance of
26 effectuating the provisions of section 44 of the legislative law and
27 section 70-b of the public officers law.