§ 56-0511 — Change of use

New York § 56-0511

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Environmental Restoration Projects
• Art. 56: Implementation of the Clean Water/clean Air Bond Act of 1996

Text

§ 56-0511. Change of use.\n 1. At least sixty days before the start of physical alteration or\nconstruction constituting a change of use at a property investigated or\nremediated under an environmental restoration project, or at least sixty\ndays before a change of use at such a property not involving any\nphysical alteration or construction, as the case may be, the person or\nentity proposing to make a change of use shall provide written\nnotification to the department and the clerks of the county and other\nmunicipalities in which such property is located.\n 2. No person shall engage in any activity at a property investigated\nor remediated under an environmental restoration project that is not\nconsistent with restrictions placed upon the use of the property, or\nthat will, or that reasonably is anticipated to: prevent or interfere\nsignificantly with a proposed, ongoing, or completed project; or expose\nthe public health or the environment to a significantly increased threat\nof harm or damage from such property. If the commissioner determines\nthat a proposed change of use is prohibited pursuant to this section, he\nor she shall, within forty-five days after receipt of the complete\nnotice required by this section, provide the person giving such notice\nwith a written determination that such change of use will not be\nauthorized, together with the reasons for such determination.\n 3. For the purposes of this section:\n (i) "change of use" means the transfer of title to all or part of\nproperty subject to an environmental restoration project, the erection\nof any structure on such property, and the creation of a park or other\npublic or private recreational facility on such property, or any\nactivity that is likely to disrupt or expose contamination or to\nincrease direct human exposure; or any other conduct that will or may\ntend to significantly interfere with an ongoing or completed\nenvironmental restoration project.\n (ii) "complete notice" means a notice that adequately apprises the\ndepartment of the contemplated physical alteration of the property and\nhow such alteration may affect the property's proposed, ongoing, or\ncompleted project, or of the proposed new owner's ability to implement\nthe engineering and institutional controls associated with the property.\n