NY Env Conserv L § 57-0205 (2021)
2021 New York Laws ENV - Environmental Conservation Article 57 - Long Island Pine Barrens Maritime Reserve Act Title 2 - Peconic Bay Region Watershed Protection Act 57-0205 - Plan Contents.

§ 57-0205. Plan contents.   1.  Protection  areas.  The  plan  shall  provide for protection areas within the  study  area  that  are  designed  to  protect  and  preserve watershed functions in the Peconic Bay watershed by:  (a) preserving lands in their natural state;  (b)  promoting  compatible agricultural, horticultural, and open space recreational uses;  (c) prohibiting development or  redirecting  development  outside  the protection areas;  (d) accommodating necessary management practices;  (e) protecting the quality of surface waters and groundwaters; and  (f) coordinating  and  providing  for the acquisition of private lands interests as appropriate and consistent with available funds.   2. Permit provisions for development. (a) Any person, upon  a  showing of  extraordinary  hardship  or  compelling  public  need  caused by the provisions of subdivision one of this section, may  apply  to  the  town board   for   a  permit  exempting  such  person  from  the  development prohibition provided for  in  subdivision  one  of  this  section.  Such application  for  a  permit shall be approved if the applicant satisfies the standards for either extraordinary  hardship  or  compelling  public need.  In the case where a governmental entity is the applicant a permit may be granted only upon a showing of compelling public need.  (b) Extraordinary hardship shall be deemed to have  been  met  if  the applicant  has  established, based upon specific facts, that the subject property does not have any beneficial use if used for its present use or developed as permitted by the provisions  of  subdivision  one  of  this section  and  that  this inability to have a beneficial use results from unique circumstances peculiar to the subject property which: (i) do  not apply to or affect other property in the immediate vicinity; (ii) relate to  or arise out of characteristics of the subject property, rather than the personal situation of the applicant; or (iii) do not  arise  out  of the action or inaction of the applicant.  (c) Compelling public need shall be deemed to have been met if:  (i)  the proposed development will serve an essential health or safety need of the town;  (ii) the public benefits from the proposed development would  override the preservation of the protection area;  (iii) that the proposed use is required to serve the existing needs of the residents; and  (iv)  no  feasible  alternatives  exist outside the protection area to meet the established public need.  (d) A permit for development in the protection area  shall  also  meet the following additional standards:  (i)  the  granting of the permit will not be materially detrimental or injurious to other property or improvements in the  protection  area  in which the property is located or endanger public safety or result in the substantial impairment of the resources of the protected area;  (ii)   the   permit  will  not  be  inconsistent  with  the  purposes, objectives, or general spirit and intent of this title; and  (iii) the permit is the minimum relief necessary.  (e) The town board shall make a decision on  such  application  within sixty days of the receipt of a complete application for a permit.