On Friday, July 19, 2024, the updated Central Pine Barrens Comprehensive Land Use Plan (CLUP) goes into effect. The Central Pine Barrens Commission (Commission) adopted certain revisions to Articles IV–VI of the CLUP in April 2023, but the Commission delayed the effective date to allow the impacted municipalities time to conform their codes with the modifications. The revised CLUP will apply to new applications and not those that were received by the Commission and/or impacted municipalities prior to July 19, 2024.
The CLUP updates will impact developers of new projects within the Central Pine Barrens Compatible Growth Area that covers a large part of the central and eastern portions of the Town of Brookhaven and areas within the western portions of the Towns of Riverhead and Southampton.
Relative to the clearing, the revised CLUP reduces the maximum permitted clearing for non-residential developments from 65% to 60% of the impacted property. The areas that are not allowed to be cleared are defined under the revised CLUP as “Open Space.” Such definition provides, in full, as follows:
“Open space is defined as any undeveloped and unimproved, publicly or privately-owned open area, which can be comprised of either land or water, that remains in its natural state and may include agricultural areas that are permanently preserved and will not be developed. Open space is intended to be available, where applicable, for low-intensity recreational activities which have nominal environmental impact and have no effect on the environmental integrity of the open space, including hiking, hunting, nature study, bird watching and orienteering. In no case does open space mean active recreational facilities such as golf courses, amusement parks and ballfields. Proper management of these areas, including assignment of responsibility for such management, is essential in order to protect open spaces from illegal dumping, clearing, motor vehicle trespass and other abuses.”
A related significant change in the CLUP is the addition of CLUP 5.3.3.6.5, which requires the open space be permanently protected from development. Pursuant to CLUP 5.3.3.6.5, the developer must guaranty the continued non-development of the open space by dedicating the open space to a government entity, private not for profit, land conservation management organization, etc. or a permanent conservation easement or covenant recorded with the Suffolk County Clerk.
The revisions to the CLUP also change the requirements that trigger a determination of regional significance. Regionally significant developments are required to file applications with the Commission under the existing and revised CLUP.
Under the revised CLUP, 200 residential units trigger a project becoming a development of regional significance, which is a one-third reduction from the previous threshold of 300. The CLUP thresholds covering large commercial and industrial developments and additions were expressly extended to cover schools and health care facilities. The revisions to the CLUP do not amend the existing exception for projects whose scale is based upon a transfer of development rights.
The CLUP amendments also amend a number of the Pine Barrens Credit requirements. Among the changes under the revised CLUP, Pine Barrens Credits generated in one municipality may be redeemed in another, subject to the approval of both the receiving and sending municipalities. Moreover, once a Pine Barrens Credit is redeemed, such redemption is irrevocable unless the Commission unanimously agrees otherwise. Further, project sites that violate the Pine Barrens Act, CLUP or regulations of the Commission are prohibited from receiving Pine Barrens Credits until such violations are cured.
For projects not subject to municipal review, the CLUP was revised to prohibit structures more than 75 feet in height and require dark sky compliance. Other changes in the CLUP include a requirement that development projects incorporate a “Bird Friendly Building Design” to address birds flying into windows, as well as the adoption of a stricter standard for approving structures on slopes greater than 10 percent.
If you have questions or concerns about the CLUP or related matters, please reach out to attorney John J. Anzalone at (516) 880-8108 and janzalone@harrisbeachmurtha.com or attorney Thomas J. Garry at (516) 880-8489 and tgarry@harrisbeachmurtha.com.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey.
