NY Env Conserv L § 57-0123 (2021)
2021 New York Laws ENV - Environmental Conservation Article 57 - Long Island Pine Barrens Maritime Reserve Act Title 1 - Long Island Pine Barrens Maritime Reserve Act 57-0123 - Implementation of the Central Pine Barrens Comprehensive Land Use Plan.

§ 57-0123. Implementation of the Central Pine Barrens comprehensive land              use plan.   1. Within three months after the land use plan has been adopted by the commission,  each  town board and village board with jurisdiction within the Central Pine Barrens area shall adopt and amend  as  necessary  land use  and  zoning  regulations,  by  local  law  or  ordinance,  rule  or regulation to conform their land use regulations to the land  use  plan. Such  action  shall not be subject to the provisions of article eight of this chapter if it is in conformance with the conditions and  thresholds of  the land use plan. At least thirty days before adoption thereof, the town or village board shall  submit  the  proposed  regulations  to  the commission  for  its  review and approval. Within ten days of receipt of such proposed regulations, the commission shall review and approve  such proposed  regulations,  or if it does not approve them, return them with comments on what needs to be done to  make  them  approvable.  For  each jurisdiction,  the  land use plan shall be deemed to be implemented upon adoption by the town or village board of approved land use  regulations. The  interim  regulation provisions of subdivisions eight, nine, and ten of section 57-0121 of this title shall remain in effect for each town or village until it has adopted approved land use regulations to conform to the adopted comprehensive management plan.  Within  villages  that  were incorporated  on  or  before  June  30,  1993, whose land use and zoning regulations are approved by the commission consistent with the land  use plan  pursuant  to  section  57-0121  of  this  title, development which conforms to such land use and  zoning  regulations  and  does  not  have significant  adverse impacts on the goals of the land use plan shall not be subject to review by the commission. After town or village  land  use regulations have been approved and upon a finding that a town or village has changed such regulations in a manner substantially inconsistent with the  land use plan or has administered its approved land use regulations in a manner substantially inconsistent  with  the  land  use  plan,  the commission  shall withdraw approval of such land use regulations and the provisions of subdivisions eight, nine and ten  of  section  57-0121  of this  title  shall be reinstituted. Such withdrawal of approval shall be made not before fourteen  days  after  the  commission  holds  a  public hearing  in  the  affected  town  or village on the proposed withdrawal. Notice of such hearing shall be published in a newspaper having  general circulation  in the Central Pine Barrens area and notice of such hearing shall also be given by registered mail to  the  affected  supervisor  or mayor.   2.  (a)  The  commission shall have jurisdiction to review and approve all proposed development in critical resource areas and developments  of regional  significance  as  identified in the land use plan and proposed developments found by the commission after petition by a commissioner to have significant adverse impact on the land use plan.  Any  commissioner may  petition  the  commission  to  assert  review  jurisdiction  over a proposed development outside of a critical resource  area  or  which  is other  than  a  project of regional significance which has a significant adverse impact on the goals of the land use plan. If the commissioner by majority vote asserts jurisdiction, such  project  or  action  shall  be subject  to  review  by  the  commission. For the purposes of review and identification  of  projects  coming  under  the  jurisdiction  of   the commission  by  virtue  of  critical  resource  area or area of regional impact or at the request of any commission member, the commission  shall designate  the  responsible planning entity or staff for the purposes of advising the commission with respect to such applications  or  projects. To  the  fullest  extent  possible, the commission shall consolidate and coordinate its review with the appropriate local government.  A  person,  the  state  or  a public corporation proposing development in a critical resource area or development of regional significance shall apply to the commission for approval of the development. Applications shall  be  made to  the  commission on forms and in such manner as the land use plan and commission shall designate.  (b) The commission must make a decision within one hundred twenty days of the receipt of a complete application. If  the  commission  fails  to make a decision within one hundred twenty days, the development shall be deemed  to  be  approved  by  the  commission, unless extended by mutual agreement of the applicant and the commission. The commission must  make a decision within one hundred twenty days of asserting jurisdiction over a  project  that  is  before  the  commission based on the petition by a commissioner. If the commission fails to  make  a  decision  within  one hundred   twenty  days  of  the  date  of  asserting  jurisdiction,  the development shall be deemed to be approved  by  the  commission,  unless extended by mutual agreement of the applicant and the commission.   3. (a) Subsequent to the adoption of the land use plan, the provisions of  any  other  law,  ordinance,  rule  or  regulation  to  the contrary notwithstanding, no application for development within the Central  Pine Barrens  area  shall be approved by any municipality or county or agency thereof or the commission, and no state approval, certificate,  license, consent,  permit,  or  financial  assistance for the construction of any structure or the disturbance of any  land  within  such  area  shall  be granted,  unless  such  approval  or grant conforms to the provisions of such land use plan; provided, however, that the commission  by  majority vote  is  hereby authorized to waive strict compliance with such plan or with any element or standard contained therein, for an  application  for development of any person, upon finding that such waiver is necessary to alleviate  hardship  for  proposed  development in the core preservation area according to the conditions and finding of  extraordinary  hardship or compelling public need pursuant to subdivision ten of section 57-0121 of  this  title,  or  for an application for development by the state or public corporation or proposed for land owned by  the  state  or  public corporation  finding that such waiver is necessary to alleviate hardship for proposed development in the core preservation area according to  the conditions and finding of compelling public need pursuant to subdivision ten  of  section  57-0121  of  this  title,  and  every  application  is consistent with the purposes and provisions of this  article  and  would not  result  in  substantial  impairment of the resources of the Central Pine Barrens area.  (b) The commission by majority vote is also authorized to waive strict compliance with such plan or with  any  element  or  standard  contained therein,  upon  finding  that  such  waiver  is  necessary  to alleviate hardship for development proposed by any person, the state or  a  public corporation  in  the  compatible growth area according to the conditions and findings of hardship pursuant to subdivision nine of section 57-0121 of this title, is consistent with the purposes and  provisions  of  this title and would not result in substantial impairment of the resources of the Central Pine Barrens area.  (c)  The  commission  must  make  a  decision  within the time periods established pursuant to subdivision  ten  of  section  57-0121  of  this title.  If  the commission fails to make a decision within the aforesaid time periods, the development shall be deemed  to  be  approved  by  the commission, unless extended by mutual agreement of the applicant and the commission.  The  aforesaid time period and the processing and review of an application shall be suspended by the commission with notice  to  the applicant  where  a proceeding pursuant to section 57-0136 of this title  is pending against the applicant with respect to the property  at  issue or otherwise arising out of the ownership or use of such property.   4.  Notwithstanding  any  inconsistent  provisions in article eight of this chapter and within  towns  and  villages  with  approved  land  use regulations,  actions  wholly  within  the  Central Pine Barrens area in conformance with the conditions and thresholds of the land use plan  and the  generic  environmental  impact  statement  thereof shall require no further environmental impact statement with respect to impacts addressed in such generic environmental impact statement. Further project-specific compliance with article eight of this  chapter  may  be  required.  Upon ratification  by  the  towns  and  adoption  of the land use plan by the commission, the consistency provisions  of  article  fifty-five  are  no longer required.   5.  Notwithstanding  any  other provision of law, any state agency may provide in implementing  a  ranking  system  for  allocating  funds  for infrastructure,   land   acquisition,   farmland  preservation  or  park assistance projects a preference not to  exceed  the  equivalent  of  an advantage  of  five  percent for such projects which are identified in a land use plan.   6.  For the county of Suffolk, and each town or  village  implementing regulations  wholly within the Central Pine Barrens area approved by the commission, there may be defense by and  shall  be  indemnity  from  the state  in  the event of legal actions or proceedings brought against any such municipalities or their agents, servants,  officials  or  employees that  may  result from the municipal acquisition of land consistent with the land use plan or comprehensive management plan or  the  adoption  or implementation  of  any  land use control including, but not limited to, the provisions of a zoning law, ordinance, or regulation consistent with this title or required by the minimum standards and criteria of the land use plan. Indemnity shall not apply to any such claim in which  a  final court  determination  results  in  a  finding of intentional wrongdoing, recklessness, or  an  unlawful  discriminatory  practice  including  the finding  that  the land use control was intended to exclude a particular group  or  individual,  or  gross  negligence  on  the  part   of   such municipality  or  its agents, servants, officials, or employees. Actions or proceedings brought under subdivisions  two,  two-a,  three-b,  four, paragraphs  (a) and (b) of subdivision five and subdivisions six, seven, fourteen,  and  eighteen  of  section  two  hundred  ninety-six  of  the executive  law and 42 U.S.C. 55 1981, 1983, 1988 shall be indemnified by the state only so far  as  the  grievance  alleged  in  such  action  or proceeding  was  the  result of an act consistent with this title or the plan.  (a) Such indemnity shall apply only to the extent that any such  claim exceeds  any insurance coverage obtained by the commission from revenues in the Pine Barrens fund.  (b) Such indemnity shall be  conditioned  upon  (i)  delivery  by  the governing  body or its agent against whom the legal action or proceeding was commenced to the attorney general or an assistant  attorney  general at  an  office  of  the department of law in the state the original or a copy of any summons, complaint,  process,  notice,  demand  or  pleading within  fifteen  days  after such document is served upon such governing body or its agent, and (ii) the full cooperation of the  governing  body or its agents against whom the action or proceeding was commenced in the defense  of  such  action  or proceeding and in defense of any action or proceeding against the state based upon the same act or omission, and in the prosecution of any appeal.  (c) There shall be no indemnity in the event of a  settlement  between or  among  the  parties  to  such  legal  action  or proceeding in those  instances in which the attorney general is not providing the defense for the governing body or its agents, unless such settlement is approved  by the commission with the concurrence of the attorney general.   7.  Notwithstanding  any other provision of law to the contrary and in addition to any existing  authority  therefor,  a  town  or  village  in implementing  regulations  approved  by  the  commission  and  acting in furtherance of the  land  use  plan  may  enter  into  an  agreement  to condition a zoning amendment.