2023 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.