§ 57-0123 — Implementation of the Central Pine Barrens comprehensive land use plan

New York § 57-0123

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 1: Long Island Pine Barrens Maritime Reserve Act

Text

§ 57-0123. Implementation of the Central Pine Barrens comprehensive land\n use plan.\n 1. Within three months after the land use plan has been adopted by the\ncommission, each town board and village board with jurisdiction within\nthe Central Pine Barrens area shall adopt and amend as necessary land\nuse and zoning regulations, by local law or ordinance, rule or\nregulation to conform their land use regulations to the land use plan.\nSuch action shall not be subject to the provisions of article eight of\nthis chapter if it is in conformance with the conditions and thresholds\nof the land use plan. At least thirty days before adoption thereof, the\ntown or village board shall submit the proposed regulations to the\ncommission for its review and approval. Within ten days of receipt of\nsuch proposed regulations, the commission shall review and approve such\nproposed regulations, or if it does not approve them, return them with\ncomments on what needs to be done to make them approvable. For each\njurisdiction, the land use plan shall be deemed to be implemented upon\nadoption by the town or village board of approved land use regulations.\nThe interim regulation provisions of subdivisions eight, nine, and ten\nof section 57-0121 of this title shall remain in effect for each town or\nvillage until it has adopted approved land use regulations to conform to\nthe adopted comprehensive management plan. Within villages that were\nincorporated on or before June 30, 1993, whose land use and zoning\nregulations are approved by the commission consistent with the land use\nplan pursuant to section 57-0121 of this title, development which\nconforms to such land use and zoning regulations and does not have\nsignificant adverse impacts on the goals of the land use plan shall not\nbe subject to review by the commission. After town or village land use\nregulations have been approved and upon a finding that a town or village\nhas changed such regulations in a manner substantially inconsistent with\nthe land use plan or has administered its approved land use regulations\nin a manner substantially inconsistent with the land use plan, the\ncommission shall withdraw approval of such land use regulations and the\nprovisions of subdivisions eight, nine and ten of section 57-0121 of\nthis title shall be reinstituted. Such withdrawal of approval shall be\nmade not before fourteen days after the commission holds a public\nhearing in the affected town or village on the proposed withdrawal.\nNotice of such hearing shall be published in a newspaper having general\ncirculation in the Central Pine Barrens area and notice of such hearing\nshall also be given by registered mail to the affected supervisor or\nmayor.\n 2. (a) The commission shall have jurisdiction to review and approve\nall proposed development in critical resource areas and developments of\nregional significance as identified in the land use plan and proposed\ndevelopments found by the commission after petition by a commissioner to\nhave significant adverse impact on the land use plan. Any commissioner\nmay petition the commission to assert review jurisdiction over a\nproposed development outside of a critical resource area or which is\nother than a project of regional significance which has a significant\nadverse impact on the goals of the land use plan. If the commissioner by\nmajority vote asserts jurisdiction, such project or action shall be\nsubject to review by the commission. For the purposes of review and\nidentification of projects coming under the jurisdiction of the\ncommission by virtue of critical resource area or area of regional\nimpact or at the request of any commission member, the commission shall\ndesignate the responsible planning entity or staff for the purposes of\nadvising the commission with respect to such applications or projects.\nTo the fullest extent possible, the commission shall consolidate and\ncoordinate its review with the appropriate local government. A person,\nthe state or a public corporation proposing development in a critical\nresource area or development of regional significance shall apply to the\ncommission for approval of the development. Applications shall be made\nto the commission on forms and in such manner as the land use plan and\ncommission shall designate.\n (b) The commission must make a decision within one hundred twenty days\nof the receipt of a complete application. If the commission fails to\nmake a decision within one hundred twenty days, the development shall be\ndeemed to be approved by the commission, unless extended by mutual\nagreement of the applicant and the commission. The commission must make\na decision within one hundred twenty days of asserting jurisdiction over\na project that is before the commission based on the petition by a\ncommissioner. If the commission fails to make a decision within one\nhundred twenty days of the date of asserting jurisdiction, the\ndevelopment shall be deemed to be approved by the commission, unless\nextended by mutual agreement of the applicant and the commission.\n 3. (a) Subsequent to the adoption of the land use plan, the provisions\nof any other law, ordinance, rule or regulation to the contrary\nnotwithstanding, no application for development within the Central Pine\nBarrens area shall be approved by any municipality or county or agency\nthereof or the commission, and no state approval, certificate, license,\nconsent, permit, or financial assistance for the construction of any\nstructure or the disturbance of any land within such area shall be\ngranted, unless such approval or grant conforms to the provisions of\nsuch land use plan; provided, however, that the commission by majority\nvote is hereby authorized to waive strict compliance with such plan or\nwith any element or standard contained therein, for an application for\ndevelopment of any person, upon finding that such waiver is necessary to\nalleviate hardship for proposed development in the core preservation\narea according to the conditions and finding of extraordinary hardship\nor compelling public need pursuant to subdivision ten of section 57-0121\nof this title, or for an application for development by the state or\npublic corporation or proposed for land owned by the state or public\ncorporation finding that such waiver is necessary to alleviate hardship\nfor proposed development in the core preservation area according to the\nconditions and finding of compelling public need pursuant to subdivision\nten of section 57-0121 of this title, and every application is\nconsistent with the purposes and provisions of this article and would\nnot result in substantial impairment of the resources of the Central\nPine Barrens area.\n (b) The commission by majority vote is also authorized to waive strict\ncompliance with such plan or with any element or standard contained\ntherein, upon finding that such waiver is necessary to alleviate\nhardship for development proposed by any person, the state or a public\ncorporation in the compatible growth area according to the conditions\nand findings of hardship pursuant to subdivision nine of section 57-0121\nof this title, is consistent with the purposes and provisions of this\ntitle and would not result in substantial impairment of the resources of\nthe Central Pine Barrens area.\n (c) The commission must make a decision within the time periods\nestablished pursuant to subdivision ten of section 57-0121 of this\ntitle. If the commission fails to make a decision within the aforesaid\ntime periods, the development shall be deemed to be approved by the\ncommission, unless extended by mutual agreement of the applicant and the\ncommission. The aforesaid time period and the processing and review of\nan application shall be suspended by the commission with notice to the\napplicant where a proceeding pursuant to section 57-0136 of this title\nis pending against the applicant with respect to the property at issue\nor otherwise arising out of the ownership or use of such property.\n 4. Notwithstanding any inconsistent provisions in article eight of\nthis chapter and within towns and villages with approved land use\nregulations, actions wholly within the Central Pine Barrens area in\nconformance with the conditions and thresholds of the land use plan and\nthe generic environmental impact statement thereof shall require no\nfurther environmental impact statement with respect to impacts addressed\nin such generic environmental impact statement. Further project-specific\ncompliance with article eight of this chapter may be required. Upon\nratification by the towns and adoption of the land use plan by the\ncommission, the consistency provisions of article fifty-five are no\nlonger required.\n 5. Notwithstanding any other provision of law, any state agency may\nprovide in implementing a ranking system for allocating funds for\ninfrastructure, land acquisition, farmland preservation or park\nassistance projects a preference not to exceed the equivalent of an\nadvantage of five percent for such projects which are identified in a\nland use plan.\n 6. For the county of Suffolk, and each town or village implementing\nregulations wholly within the Central Pine Barrens area approved by the\ncommission, there may be defense by and shall be indemnity from the\nstate in the event of legal actions or proceedings brought against any\nsuch municipalities or their agents, servants, officials or employees\nthat may result from the municipal acquisition of land consistent with\nthe land use plan or comprehensive management plan or the adoption or\nimplementation of any land use control including, but not limited to,\nthe provisions of a zoning law, ordinance, or regulation consistent with\nthis title or required by the minimum standards and criteria of the land\nuse plan. Indemnity shall not apply to any such claim in which a final\ncourt determination results in a finding of intentional wrongdoing,\nrecklessness, or an unlawful discriminatory practice including the\nfinding that the land use control was intended to exclude a particular\ngroup or individual, or gross negligence on the part of such\nmunicipality or its agents, servants, officials, or employees. Actions\nor proceedings brought under subdivisions two, two-a, three-b, four,\nparagraphs (a) and (b) of subdivision five and subdivisions six, seven,\nfourteen, and eighteen of section two hundred ninety-six of the\nexecutive law and 42 U.S.C. 55 1981, 1983, 1988 shall be indemnified by\nthe state only so far as the grievance alleged in such action or\nproceeding was the result of an act consistent with this title or the\nplan.\n (a) Such indemnity shall apply only to the extent that any such claim\nexceeds any insurance coverage obtained by the commission from revenues\nin the Pine Barrens fund.\n (b) Such indemnity shall be conditioned upon (i) delivery by the\ngoverning body or its agent against whom the legal action or proceeding\nwas commenced to the attorney general or an assistant attorney general\nat an office of the department of law in the state the original or a\ncopy of any summons, complaint, process, notice, demand or pleading\nwithin fifteen days after such document is served upon such governing\nbody or its agent, and (ii) the full cooperation of the governing body\nor its agents against whom the action or proceeding was commenced in the\ndefense of such action or proceeding and in defense of any action or\nproceeding against the state based upon the same act or omission, and in\nthe prosecution of any appeal.\n (c) There shall be no indemnity in the event of a settlement between\nor among the parties to such legal action or proceeding in those\ninstances in which the attorney general is not providing the defense for\nthe governing body or its agents, unless such settlement is approved by\nthe commission with the concurrence of the attorney general.\n 7. Notwithstanding any other provision of law to the contrary and in\naddition to any existing authority therefor, a town or village in\nimplementing regulations approved by the commission and acting in\nfurtherance of the land use plan may enter into an agreement to\ncondition a zoning amendment.\n