2006 New York Code - 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 article 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  article,  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 article 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  article, 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  article,  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 article, 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.
    (c) The commission must  make  a  decision  within  the  time  periods
  established  pursuant  to  subdivision  ten  of  section 57-0121 of this
  article. 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 article
  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 article 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 article 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.