senate Bill S7289

Amended

Establishes the Enterprise Park at Calverton Reuse and Revitalization District

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 16 / May / 2012
    • 1ST REPORT CAL.839
  • 21 / May / 2012
    • 2ND REPORT CAL.
  • 22 / May / 2012
    • ADVANCED TO THIRD READING
  • 04 / Jun / 2012
    • AMENDED ON THIRD READING (T) 7289A
  • 19 / Jun / 2012
    • HOME RULE REQUEST
  • 19 / Jun / 2012
    • PASSED SENATE
  • 19 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2012
    • REFERRED TO LOCAL GOVERNMENTS

Summary

Establishes the Enterprise Park at Calverton Reuse and Revitalization District to promote the redevelopment of the EPCAL site in the town of Riverhead, county of Suffolk.

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Bill Details

See Assembly Version of this Bill:
A10072
Versions:
S7289
S7289A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add Art 15-B Title 116 §680-cc, Gen Muni L

Votes

8
0
8
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S7289

TITLE OF BILL:
An act
to amend the general municipal law, in relation to establishing
the enterprise park at
Calverton revitalization commission

PURPOSE:
To promote the expeditious and orderly conversion and redevelopment of
the Calverton Enterprise Park in Riverhead, Suffolk County (EPCAL).

SUMMARY OF PROVISIONS:
Adds a new section 680-cc to the General Municipal Law by creating the
Enterprise Park at Calverton Revitalization Commission consisting of
7 voting members made up of the five members of the Riverhead Town
Board and one member appointed by the Governor and one member
appointed by the Suffolk County executive. There shall be two
nonvoting members chosen by the foregoing who shall be from a civic,
protective or service association within the Town of Riverhead. A
chairperson shall be selected by the commission members.

The Commission shall have the power to implement the Enterprise Park
at Calverton Reuse and Revitalization Plan, which shall be adopted,
with appropriate zoning, by the Town of Riverhead as a master plan
for EPCAL. The Commission will make applications for subdivision,
site and other development permits, licenses and approvals to the
appropriate county, state and federal government agencies and the
issued permits, licenses and approvals will inure to and for the
benefit of and be binding on any subsequent person leasing, acquiring
or building on EPCAL property. An applicant for development in EPCAL
shall apply to the commission and if the application shall be
consistent with the revitalization plan and within the issued
approvals the commission will approve the application within 90 days
and refer the matter to the town building department. If the proposal
does not fall within the issued approvals then a further application
must be made to the appropriate county, state or federal authority
for modification, alteration or exception of the issued permit,
license or approval. If there is a subsequent order by the county,
state or federal agency granting a modification, alteration or
exception, then the Commission will approve and refer
to the building department.

JUSTIFICATION:
This legislation will facilitate the reuse of EPCAL as provided for in
the conveyance of the property by the navy and articulated in the
comprehensive reuse and revitalization plan. It
provides incentives to attract private businesses to locate and expand
insures consistency with existing law and achieves economic growth
for the region.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
To be determined.


EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7289                                                 A. 10072

                      S E N A T E - A S S E M B L Y

                               May 2, 2012
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY -- Introduced by M. of A. THIELE, LOSQUADRO, MURRAY -- read
  once and referred to the Committee on Local Governments

AN ACT to amend the general municipal law, in relation  to  establishing
  the enterprise park at Calverton revitalization commission

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent. The former Calverton Naval
Weapons Industrial Reserve Plant in the town  of  Riverhead,  county  of
Suffolk (hereinafter "EPCAL"), was formerly owned by the Navy and leased
by  the Grumman Corporation. In 1998, Northrop Grumman closed nearly all
facilities located on Long Island and chose not to renew its  lease  for
the  EPCAL  site causing economic dislocation and unemployment for resi-
dents of the town of Riverhead and  the  surrounding  region.  The  Navy
conveyed 2900 acres to the town of Riverhead Community Development Agen-
cy ("CDA") for no consideration conditioned upon the town's reuse of the
property for economic development.
  In  2011,  the  town  and  CDA re-dedicated their efforts and invested
significant funds to update, develop and implement a reuse and revitali-
zation plan to meet the current economic, market  and  site  conditions.
The  town and CDA, with the assistance of a firm with expertise in plan-
ning and environmental  analysis  for  large  scale  revitalization  and
development  projects,  updated  the  real estate market study; retained
experts in the field of engineering, survey and topographical  analysis;
retained  experts  in the fields of sewer and water; and met with state,
regional and local departments, agencies and special interest groups  to
identify, address, remedy or mitigate all concerns and potential adverse
impacts  related  to  the town and CDA's goal of economic development at
the EPCAL site. The comprehensive and extensive  analysis  of  economic,
market,  environmental, traffic, sewer, water, and myriad other factors,
together with participation of state, regional, local departments, agen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15611-02-2

S. 7289                             2                           A. 10072

cies, and special interest groups, including but not limited to New York
state department of transportation, New York state department  of  envi-
ronmental conservation, Suffolk county planning and public works depart-
ments,  town of Riverhead planning, engineering, water and sewer depart-
ments resulted in  a  reuse  and  revitalization  plan  that  meets  the
economic  and  urban  renewal  goals of the original conveyance and will
assist the state, county, and town to recapture employment opportunities
for this region and potential investment and growth
  It is the purpose of this act to promote the expeditious  and  orderly
conversion and redevelopment of EPCAL for uses including, but not limit-
ed  to,  housing,  industrial, institutional, educational, governmental,
recreational, conservational, commercial or manufacturing uses, in order
to prevent further blight, economic dislocation and additional unemploy-
ment, and to aid in  strengthening  the  New  York  state  economy,  the
regional  economy  and  the economy of the town of Riverhead. It is also
the purpose of this act to provide an interim governmental structure for
EPCAL which will assume specified local authority and duties, in  recog-
nition  of  the state and local partnership necessary for the successful
redevelopment of EPCAL, and the duty of the town of  Riverhead  in  this
regard to consider local and regional interests.
  S 2. Title 116 of article 15-B of the general municipal law is amended
by adding a new section 680-cc to read as follows:
  S  680-CC.  ENTERPRISE PARK AT CALVERTON REVITALIZATION COMMISSION. 1.
DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  WORDS  AND
PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "COMMISSION" SHALL MEAN THE ENTERPRISE PARK AT CALVERTON REVITALI-
ZATION COMMISSION  ESTABLISHED  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION.
  B.  "ENTERPRISE  PARK AT CALVERTON REVITALIZATION DISTRICT" OR "EPCAL"
SHALL MEAN THE  REGIONAL  DEVELOPMENT  ZONE  CREATED  BY  THIS  SECTION,
INCLUDING  ALL  EASEMENTS,  RESERVATIONS AND RIGHTS APPURTENANT THERETO,
AND ALL BUILDINGS, STRUCTURES, UTILITIES AND IMPROVEMENTS LOCATED THERE-
ON COMPRISING ALL OR A PORTION OF THE FORMER NORTHROP  GRUMMAN  FACILITY
AND  FORMERLY  WITHIN  THE  OWNERSHIP,  CONTROL  AND JURISDICTION OF THE
UNITED STATES GOVERNMENT. THE BOUNDARIES OF WHICH INCLUDE ALL  THE  LAND
AREA OF EPCAL MORE PARTICULARLY DESCRIBED AS FOLLOWS:
  ALL  THAT  CERTAIN  PLOT,  PIECE OR PARCEL OF LAND, SITUATE, LYING AND
BEING AT CALVERTON, TOWN OF RIVERHEAD, COUNTY OF SUFFOLK, STATE  OF  NEW
YORK AS SHOWN ON A SURVEY PREPARED BY L.K. MCLEAN ASSOCIATES, P.C. DATED
OCTOBER  TWENTY-FIRST,  TWO  THOUSAND  ELEVEN.  SAID  PARCEL  BEING MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT FORMED BY THE INTERSECTION OF THE WESTERLY BOUND-
ARY LINE OF PECONIC AVENUE (NOT-OPEN), AND THE NORTHERLY  BOUNDARY  LINE
OF GRUMMAN BOULEVARD (RIVER ROAD);
  SAID  POINT  OF  BEGINNING  BEING  AT  COORDINATES  N.  271,175.86, E.
1,326,712.70 IN THE NEW YORK STATE PLANE COORDINATE SYSTEM, LONG  ISLAND
ZONE, NAD 1983.
THENCE FROM SAID POINT OF BEGINNING WESTERLY ALONG SAID NORTHERLY BOUND-
ARY  LINE  OF  GRUMMAN  BOULEVARD  (RIVER  ROAD), THE FOLLOWING TEN (10)
COURSES AND DISTANCES;
  I. NORTH 69° 21' 24" WEST, A DISTANCE OF 3.10 FEET TO A POINT, THENCE
  II. NORTH 84° 02' 24" WEST, A DISTANCE OF  616.74  FEET  TO  A  POINT,
THENCE
  III.  SOUTH  87°  05'  16" WEST, A DISTANCE OF 602.20 FEET TO A POINT,
THENCE

S. 7289                             3                           A. 10072

  IV. SOUTH 85° 37' 16" WEST, A DISTANCE OF 313.16 FEET TO  A  POINT  OF
CURVATURE, THENCE
  V.  WESTERLY  ALONG  THE  ARC OF A CURVE BEARING TO THE RIGHT HAVING A
RADIUS OF 614.17 FEET, AN ARC LENGTH OF 99.78 FEET TO A POINT OF TANGEN-
CY, THENCE
  VI. NORTH 85° 04' 14" WEST, A DISTANCE OF  732.38  FEET  TO  A  POINT,
THENCE
  VII.  NORTH  71°  24'  04"  WEST, A DISTANCE OF 91.27 FEET TO A POINT,
THENCE
  VIII. NORTH 71° 22' 44" WEST, A DISTANCE OF 418.08 FEET  TO  A  POINT,
THENCE
  IX.  SOUTH  69°  37'  16"  WEST, A DISTANCE OF 674.80 FEET TO A POINT,
THENCE
  X. NORTH 62° 22' 44" WEST, A DISTANCE OF 43.38 FEET TO A POINT  FORMED
BY  THE  INTERSECTION  OF  THE AFOREMENTIONED NORTHERLY BOUNDARY LINE OF
GRUMMAN BOULEVARD (RIVER ROAD) AND THE EASTERLY  BOUNDARY  LINE  OF  THE
WELLS FAMILY CEMETERY;
THENCE  ALONG  SAID  BOUNDARY  LINE  OF  THE  WELLS FAMILY CEMETERY, THE
FOLLOWING TWO COURSES AND DISTANCES;
  I. NORTH 2° 22' 14" WEST, A DISTANCE OF 286.12 FEET TO A POINT, THENCE
  II. SOUTH 85° 20' 16" WEST, A DISTANCE OF 90.00 FEET TO A POINT FORMED
BY THE INTERSECTION OF THE NORTHERLY BOUNDARY LINE OF THE  WELLS  FAMILY
CEMETERY AND THE EASTERLY BOUNDARY LINE OF LANDS OF THE UNITED STATES OF
AMERICA (NAVY PARCEL "B");
THENCE  NORTHERLY  ALONG  SAID  EASTERLY  BOUNDARY  LINE OF LANDS OF THE
UNITED STATES OF AMERICA (NAVY PARCEL "B") THE FOLLOWING  THREE  COURSES
AND DISTANCES;
  I. NORTH 4° 39' 44" WEST, A DISTANCE OF 114.29 FEET TO A POINT, THENCE
  II.  NORTH  66°  46'  00" WEST, A DISTANCE OF 1108.62 FEET TO A POINT,
THENCE
  III. NORTH 53° 05' 17" WEST, A DISTANCE  OF  66.28  FEET  TO  A  POINT
FORMED BY THE INTERSECTION OF THE EASTERLY BOUNDARY LINE OF LANDS OF THE
UNITED STATES OF AMERICA (NAVY PARCEL "B") AND THE SOUTHERLY BOUNDARY OF
MAP  OF CALVERTON CAMELOT II, FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE
MARCH 9, 2007 AS MAP NO. 11500;
THENCE ALONG THE BOUNDARY OF SAID  MAP  OF  CALVERTON  CAMELOT  II,  THE
FOLLOWING NINE COURSES AND DISTANCES;
  I.  SOUTH  89°  01'  31"  EAST, A DISTANCE OF 1480.82 FEET TO A POINT,
THENCE
  II. NORTH 69° 37' 16" EAST, A DISTANCE OF  318.93  FEET  TO  A  POINT,
THENCE
  III.  NORTH  49°  39' 50" WEST, A DISTANCE OF 8453.30 FEET TO A POINT,
THENCE
  IV. SOUTH 40° 20' 10" WEST, A DISTANCE OF 3321.67  FEET  TO  A  POINT,
THENCE
  V.  SOUTH  4°  05'  28"  EAST,  A DISTANCE OF 2564.03 FEET TO A POINT,
THENCE
  VI. NORTH 90° 00' 00" EAST, A DISTANCE OF  330.33  FEET  TO  A  POINT,
THENCE
  VII.  SOUTH  30°  00'  00" EAST, A DISTANCE OF 318.71 FEET TO A POINT,
THENCE
  VIII. NORTH 82° 58' 57" EAST, A DISTANCE OF 1633.67 FEET TO A POINT OF
CURVATURE, THENCE
  IX. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE  RIGHT  HAVING  A
RADIUS  OF  3,634.79  FEET,  AN  ARC LENGTH OF 400.24, TO A POINT ON THE

S. 7289                             4                           A. 10072

WESTERLY BOUNDARY LINE OF BURMAN BOULEVARD, SAID CURVE  HAVING  A  CHORD
BEARING OF NORTH 86° 08' 14" EAST AND CHORD DISTANCE OF 400.04 FEET;
THENCE  SOUTH  4°  07'  36"  EAST ALONG SAID WESTERLY BOUNDARY OF BURMAN
BOULEVARD, A DISTANCE OF 721.60 FEET TO A POINT  FORMED  BY  THE  INTER-
SECTION OF THE WESTERLY BOUNDARY LINE OF BURMAN BOULEVARD AND THE NORTH-
ERLY BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN POND ROAD);
THENCE  ALONG  SAID  NORTHERLY  BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN
POND ROAD) THE FOLLOWING TWO COURSES AND DISTANCES;
  I. WESTERLY ALONG THE ARC OF A CURVE BEARING  TO  THE  LEFT  HAVING  A
RADIUS  OF  2,914.79  FEET,  AN  ARC  TO A POINT OF TANGENCY, SAID CURVE
HAVING A CHORD BEARING OF SOUTH 86° 33' 36" WEST AND CHORD  DISTANCE  OF
363.75 FEET, THENCE
  II.  SOUTH  82°  58'  57"  WEST, A DISTANCE OF 1069.85 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE NORTHERLY BOUNDARY OF  GRUMMAN  BOULE-
VARD  (SWAN  POND  ROAD)  AND THE EASTERLY BOUNDARY LINE OF LANDS OF THE
UNITED STATES OF AMERICA (NAVY PARCEL "A");
THENCE ALONG SAID LANDS OF THE UNITED STATES  OF  AMERICA  (NAVY  PARCEL
"A") THE FOLLOWING FIVE (5) COURSES AND DISTANCES;
  I. NORTH 4° 20' 00" WEST, A DISTANCE OF 525.31 FEET TO A POINT, THENCE
  II. NORTH 90° 00' 00" WEST, A DISTANCE OF 560.57 FEET TO POINT, THENCE
  III.  NORTH  30°  00'  00" WEST, A DISTANCE OF 436.40 FEET TO A POINT,
THENCE
  IV. NORTH 90° 00' 00" WEST, A DISTANCE OF  790.00  FEET  TO  A  POINT,
THENCE
  V. SOUTH 0' 00' 00" WEST, A DISTANCE OF 1099.72 FEET TO A POINT FORMED
BY  THE  INTERSECTION OF THE WESTERLY BOUNDARY LINE OF SAID LANDS OF THE
UNITED STATES OF AMERICA (NAVY PARCEL "A") AND  THE  NORTHERLY  BOUNDARY
LINE OF GRUMMAN BOULEVARD (SWAN POND ROAD);
THENCE  ALONG  SAID  NORTHERLY  BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN
POND ROAD) THE FOLLOWING EIGHT COURSES AND DISTANCES;
  I. SOUTH 82° 58' 57" WEST, A DISTANCE OF 243.60 FEET  TO  A  POINT  OF
CURVATURE, THENCE
  II.  WESTERLY  ALONG  THE  ARC OF A CURVE BEARING TO THE LEFT HAVING A
RADIUS OF 11,509.16 FEET, AN ARC LENGTH OF 176.33 FEET  TO  A  POINT  OF
TANGENCY,  SAID  CURVE  HAVING A CHORD BEARING OF SOUTH 82° 32' 37" WEST
AND CHORD DISTANCE OF 176.33 FEET THENCE
  III. SOUTH 82° 06' 17" WEST, A DISTANCE OF 2226.10 FEET TO A POINT  OF
CURVATURE, THENCE
  IV.  WESTERLY  ALONG  THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A
RADIUS OF 2,241.83 FEET, AN ARC LENGTH OF 504.77  FEET  TO  A  POINT  OF
TANGENCY,  SAID  CURVE  HAVING A CHORD BEARING OF SOUTH 88° 33' 18" WEST
AND CHORD DISTANCE OF 503.70 FEET, THENCE
  V. NORTH 84° 59' 41" WEST, A DISTANCE OF 2,524.17 FEET TO A  POINT  OF
CURVATURE, THENCE
  VI.  WESTERLY  ALONG  THE  ARC OF A CURVE BEARING TO THE LEFT HAVING A
RADIUS OF 2,341.83 FEET, AN ARC LENGTH OF 215.04 FEET,  TO  A  POINT  OF
TANGENCY,  SAID  CURVE  HAVING A CHORD BEARING OF NORTH 87° 37' 31" WEST
AND CHORD DISTANCE OF 214.96 FEET, THENCE
  VII. SOUTH 89° 44' 39" WEST, A DISTANCE OF 974.35  FEET  TO  A  POINT,
THENCE
  VIII.  NORTH  48°  03'  55" WEST, A DISTANCE OF 107.56 FEET TO A POINT
FORMED BY THE INTERSECTION OF SAID NORTHERLY BOUNDARY  LINE  OF  GRUMMAN
BOULEVARD  (SWAN  POND  ROAD)  AND  THE EASTERLY BOUNDARY LINE OF WADING
RIVER - MANORVILLE ROAD (C.R. 25);
THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY LINE  OF  WADING  RIVER  -
MANORVILLE ROAD (C.R. 25) THE FOLLOWING FIVE COURSES AND DISTANCES;

S. 7289                             5                           A. 10072

  I.  NORTH  5°  25'  40"  WEST, A DISTANCE OF 730.69 FEET TO A POINT OF
CURVATURE, THENCE
  II.  NORTHERLY  ALONG  THE ARC OF A CURVE BEARING TO THE LEFT HAVING A
RADIUS OF 868.51 FEET, AN ARC LENGTH OF 317.24 FEET  TO  A  POINT,  SAID
CURVE  HAVING  A  CHORD  BEARING  OF  NORTH  15°  53' 32" WEST AND CHORD
DISTANCE OF 315.48 FEET, THENCE
  III. NORTH 6° 15' 09" WEST, A DISTANCE OF  124.46  FEET  TO  A  POINT,
THENCE
  IV.  NORTH  32°  55'  09"  WEST,  A DISTANCE OF 97.96 FEET TO A POINT,
THENCE
  V. NORTH 59° 52' 49" WEST, A DISTANCE OF 289.20 FEET TO A POINT FORMED
BY THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE  OF  LANDS  OF  HENRY
ZEBROWSKI AND THE EASTERLY BOUNDARY LINE OF WADING RIVER MANORVILLE ROAD
(C.R. 25);
THENCE  NORTH  30°  07'  11"  EAST ALONG SAID SOUTHERLY BOUNDARY LINE OF
LANDS OF HENRY ZEBROWSKI, A DISTANCE OF 200.00 FEET TO A POINT,
THENCE NORTH 59° 52' 49" WEST ALONG THE EASTERLY BOUNDARY LINE OF  LANDS
OF  HENRY  ZEBROWSKI  AND THEN ALONG LANDS OF BRIDGETTE LYNN ASSOCIATES,
INC., A DISTANCE OF 354.90 FEET TO A POINT,
THENCE SOUTH 30° 07' 11" WEST ALONG THE NORTHERLY BOUNDARY LINE OF LANDS
OF BRIDGETTE LYNN ASSOCIATES, INC. A DISTANCE OF 192.28 FEET TO A  POINT
FORMED  BY SAID NORTHERLY BOUNDARY LINE OF LANDS OF BRIDGETTE LYNN ASSO-
CIATES, INC. AND THE EASTERLY BOUNDARY LINE OF WADING RIVER - MANORVILLE
ROAD (C.R. 25);
THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY LINE  OF  WADING  RIVER  -
MANORVILLE ROAD (C.R. 25) THE FOLLOWING TWO COURSES AND DISTANCES;
  I.  NORTHERLY  ALONG  THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A
RADIUS OF 904.93 FEET, AN ARC LENGTH  OF  576.68  FEET  TO  A  POINT  OF
TANGENCY,  SAID  CURVE  HAVING A CHORD BEARING OF NORTH 34° 06' 33" WEST
AND CHORD DISTANCE OF 566.98 FEET THENCE
  II. NORTH 15° 51' 10" WEST, A DISTANCE OF  1320.93  FEET  TO  A  POINT
FORMED  BY  THE  INTERSECTION  OF  THE SOUTHERLY BOUNDARY LINE OF MIDDLE
COUNTRY ROAD (N.Y.S. RT. 25) AND  THE  EASTERLY  BOUNDARY  LINE  OF  THE
AFOREMENTIONED WADING RIVER - MANORVILLE ROAD (C.R. 25);
THENCE  EASTERLY  ALONG  SAID  SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY
ROAD (N.Y.S. RT. 25) THE FOLLOWING NINE (9) COURSES AND DISTANCES;
  I. NORTH 53° 57' 26" EAST, A DISTANCE OF 153.37 FEET  TO  A  POINT  OF
CURVATURE, THENCE
  II.  EASTERLY  ALONG  THE  ARC OF A CURVE BEARING TO THE LEFT HAVING A
RADIUS OF 5,769.65 FEET, AN ARC LENGTH OF 407.82  FEET  TO  A  POINT  OF
TANGENCY, THENCE
  III.  NORTH  49°  54'  26"  EAST, A DISTANCE OF 41.47 FEET TO A POINT,
THENCE
  IV. SOUTH 40° 05' 34" EAST, A DISTANCE  OF  85.30  FEET  TO  A  POINT,
THENCE
  V.  NORTH  49°  54'  26"  EAST,  A DISTANCE OF 147.64 FEET TO A POINT,
THENCE
  VI. NORTH 40° 05' 34" WEST, A DISTANCE  OF  85.30  FEET  TO  A  POINT,
THENCE
  VII.  NORTH  49° 54' 26" EAST, A DISTANCE OF 690.89 FEET TO A POINT OF
CURVATURE, THENCE
  VIII. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING  A
RADIUS OF 1,392.69 FEET, AN ARC FEET TO A POINT OF TANGENCY, THENCE
  IX.  NORTH  60°  22'  23"  EAST, A DISTANCE OF 1935.68 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE WESTERLY BOUNDARY  LINE  OF  LANDS  OF

S. 7289                             6                           A. 10072

ISLAND  WATER  PARK CORP. AND THE AFOREMENTIONED SOUTHERLY BOUNDARY LINE
OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25);
THENCE ALONG SAID BOUNDARY LINE OF LANDS OF ISLAND WATER PARK CORP.  THE
FOLLOWING SEVEN COURSES AND DISTANCES;
  I.  SOUTH  6°  07'  37"  EAST,  A DISTANCE OF 1100.62 FEET TO A POINT,
THENCE
  II. SOUTH 8° 18' 58" EAST, A DISTANCE OF  1088.48  FEET  TO  A  POINT,
THENCE
  III.  SOUTH  6°  06'  42" EAST, A DISTANCE OF 1143.05 FEET TO A POINT,
THENCE
  IV. SOUTH 84° 59' 41" EAST, A DISTANCE OF  815.30  FEET  TO  A  POINT,
THENCE
  V.  NORTH  6°  06'  42"  WEST,  A DISTANCE OF 2222.50 FEET TO A POINT,
THENCE
  VI. NORTH 84° 59' 41" WEST, A DISTANCE OF  832.48  FEET  TO  A  POINT,
THENCE
  VII.  NORTH  6°  07'  37"  WEST, A DISTANCE OF 1116.41 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE  SOUTHERLY  BOUNDARY  LINE  OF  MIDDLE
COUNTRY  ROAD  (N.Y.S.  RT.  25)  AND THE EASTERLY BOUNDARY LINE OF SAID
LANDS OF ISLAND WATER PARK CORP;
THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY  LINE  OF  MIDDLE  COUNTRY
ROAD (N.Y.S. RT. 25) THE FOLLOWING THREE COURSES AND DISTANCES;
  I.  NORTH  60°  22'  23" EAST, A DISTANCE OF 407.76 FEET TO A POINT OF
CURVATURE, THENCE
  II. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE  RIGHT  HAVING  A
RADIUS  OF  5689.65  FEET,  AN  ARC  LENGTH OF 304.56 FEET TO A POINT OF
TANGENCY, THENCE
  III. NORTH 63° 26' 24" EAST, A DISTANCE OF  307.82  FEET  TO  A  POINT
FORMED  BY  THE  INTERSECTION  OF  THE SOUTHERLY BOUNDARY LINE OF MIDDLE
COUNTRY ROAD (N.Y.S. RT. 25) AND THE WESTERLY BOUNDARY LINE OF LANDS  OF
THE RIVERHEAD WATER DISTRICT,
THENCE  ALONG  SAID  BOUNDARY  LINES  OF  LANDS  OF  THE RIVERHEAD WATER
DISTRICT, THE FOLLOWING THREE COURSES AND DISTANCES;
  I. SOUTH 6° 32' 47" EAST, A DISTANCE OF 304.98 FEET TO A POINT, THENCE
  II. NORTH 83° 27' 13" EAST, A DISTANCE OF  465.80  FEET  TO  A  POINT,
THENCE
  III.  NORTH  6°  32'  47"  WEST,  A DISTANCE OF 434.49 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE  SOUTHERLY  BOUNDARY  LINE  OF  MIDDLE
COUNTRY  ROAD  (N.Y.S.  RT.  25)  AND THE EASTERLY BOUNDARY LINE OF SAID
LANDS OF THE RIVERHEAD WATER DISTRICT;
THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY  LINE  OF  MIDDLE  COUNTRY
ROAD (N.Y.S. RT. 25) THE FOLLOWING ELEVEN COURSES AND DISTANCES;
  I.  NORTH  70°  28'  19" EAST, A DISTANCE OF 704.60 FEET TO A POINT OF
CURVATURE, THENCE
  II. EASTERLY ALONG THE ARC OF A CURVE BEARING TO  THE  LEFT  HAVING  A
RADIUS OF 5,769.65 FEET, AN ARC TO A POINT OF TANGENCY, THENCE
  III.  NORTH  62° 56' 21" EAST, A DISTANCE OF 537.40 FEET TO A POINT OF
CURVATURE, THENCE
  IV. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE  RIGHT  HAVING  A
RADIUS  OF  1870.08  FEET,  AN  ARC  LENGTH OF 273.06 FEET TO A POINT OF
TANGENCY, THENCE
  V. NORTH 71° 18' 19" EAST, A DISTANCE OF 484.30 FEET  TO  A  POINT  OF
CURVATURE, THENCE
  VI.  EASTERLY  ALONG  THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A
RADIUS OF 5,689.65 FEET, AN ARC LENGTH OF 334.34  FEET  TO  A  POINT  OF
TANGENCY, THENCE

S. 7289                             7                           A. 10072

  VII.  NORTH 74° 40' 19" EAST, A DISTANCE OF 2552.80 FEET TO A POINT OF
CURVATURE, THENCE
  VIII.  EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A
RADIUS OF 5,689.65 FEET, AN ARC LENGTH OF 622.32  FEET  TO  A  POINT  OF
TANGENCY, THENCE
  IX.  NORTH  80° 56' 20" EAST, A DISTANCE OF 1395.90 FEET TO A POINT OF
CURVATURE, THENCE
  X. EASTERLY ALONG THE ARC OF A CURVE BEARING  TO  THE  LEFT  HAVING  A
RADIUS  OF  11,499.19  FEET,  AN ARC LENGTH OF 525.22 FEET TO A POINT OF
TANGENCY, THENCE
  XI. NORTH 80° 10' 09" EAST, A DISTANCE  OF  155.88  FEET  TO  A  POINT
FORMED BY THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF LANDS OF THE
STATE OF NEW YORK AND THE SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD
(N.Y.S. RT. 25);
THENCE  ALONG  SAID  BOUNDARY  LINE  OF  LANDS OF THE NEW YORK STATE THE
FOLLOWING THREE COURSES AND DISTANCES;
  I. SOUTH 13° 18' 00" EAST, A DISTANCE OF  2246.37  FEET  TO  A  POINT,
THENCE
  II.  SOUTH  90°  00'  00"  EAST, A DISTANCE OF 970.64 FEET TO A POINT,
THENCE
  III. NORTH 13° 18' 00" WEST, A DISTANCE OF 2333.65  FEET  TO  A  POINT
FORMED  BY  THE  INTERSECTION  OF  THE SOUTHERLY BOUNDARY LINE OF MIDDLE
COUNTRY ROAD (N.Y.S. RT. 25) AND LANDS OF THE STATE OF NEW YORK;
THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY  LINE  OF  MIDDLE  COUNTRY
ROAD (N.Y.S. RT. 25) THE FOLLOWING TWO COURSES AND DISTANCES;
  I.  NORTH  88°  00'  13"  EAST, A DISTANCE OF 1015.57 FEET TO A POINT,
THENCE
  II. NORTH 88° 34' 37" EAST, A DISTANCE OF 1511.20 FEET TO A  POINT  ON
THE WESTERLY BOUNDARY OF LOT 6 AS SHOWN ON MAP OF JAMES H. SMITH'S FARM,
FILED  WITH  THE  SUFFOLK  COUNTY CLERK'S OFFICE ON DECEMBER 15, 1894 AS
FILE NO. 491;
THENCE SOUTH 5° 43' 17" EAST ALONG THE WESTERLY BOUNDARY LINE OF  LOT  6
AS  SHOWN  ON  SAID  MAP OF JAMES H. SMITH'S FARM, A DISTANCE OF 2164.07
FEET TO A POINT;
THENCE NORTH 86° 48' 00" EAST ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 6
AND THROUGH LOT 7 AS SHOWN ON SAID MAP OF JAMES H. SMITH'S  FARM,  OF  A
DISTANCE OF 321.08 FEET TO A POINT;
THENCE  SOUTH  6°  34'  40" EAST ALONG THE WESTERLY BOUNDARY OF LOT 7 AS
SHOWN ON SAID MAP OF JAMES H.  SMITH'S FARM, A DISTANCE OF  503.88  FEET
TO A POINT;
THENCE  NORTH 83° 46' 40" EAST THROUGH LOTS 7, 8, 9, 10 & 11 AS SHOWN ON
SAID FILED MAP AND CONTINUING THROUGH THE SOUTHERLY BOUNDARY OF LOT 1 AS
SHOWN ON "MAP OF PROPERTY OF EDWIN BROWN" FILED WITH THE SUFFOLK  COUNTY
CLERK'S  OFFICE ON MARCH 21, 1920 AS FILE NO. 761, A DISTANCE OF 1628.84
FEET TO THE SOUTHERLY BOUNDARY LINE OF LOT 2 AND THE NORTHERLY  BOUNDARY
LINE OF LOT 5 AS SHOWN ON THE AFOREMENTIONED FILED MAP;
THENCE  ALONG THE BOUNDARY LINES OF LOT 5 AS SHOWN ON SAID "MAP OF PROP-
ERTY OF EDWIN BROWN" THE FOLLOWING FOUR COURSES AND DISTANCES;
  I. SOUTH 6° 14' 40" EAST, A DISTANCE  OF  1656.83  FEET  TO  A  POINT,
THENCE
  II.  SOUTH  83°  36'  20"  WEST, A DISTANCE OF 265.45 FEET TO A POINT,
THENCE
  III. SOUTH 6° 24' 00" EAST, A DISTANCE OF  499.92  FEET  TO  A  POINT,
THENCE
  IV.  NORTH  83°  21'  52"  EAST, A DISTANCE OF 1721.36 FEET TO A POINT
FORMED BY THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF  LOT  5  AS

S. 7289                             8                           A. 10072

SHOWN ON SAID "MAP OF PROPERTY OF EDWIN BROWN" AND THE WESTERLY BOUNDARY
LINE OF PECONIC AVENUE (NOT OPEN);
THENCE ALONG THE WESTERLY BOUNDARY LINE OF PECONIC AVENUE (NOT OPEN) THE
FOLLOWING FIVE COURSES AND DISTANCES;
  I.  SOUTH  6°  04'  58"  EAST,  A DISTANCE OF 2077.59 FEET TO A POINT,
THENCE
  II. SOUTH 13° 07' 16" WEST, A DISTANCE  OF  77.19  FEET  TO  A  POINT,
THENCE
  III.  SOUTH  5°  57'  48"  EAST, A DISTANCE OF 639.29 FEET TO A POINT,
THENCE
  IV. SOUTH 6° 35' 47" EAST, A DISTANCE  OF  657.42  FEET  TO  A  POINT,
THENCE
  V.  SOUTH  6°  02' 13" EAST, A DISTANCE OF 744.57 FEET TO THE POINT OR
PLACE OF BEGINNING.
  SAID PARCEL CONTAINING 92,535,335± SQUARE  FEET  OR  2,124.319±  ACRES
MORE OR LESS.
  C.  "REUSE  AND REVITALIZATION PLAN" SHALL MEAN THE PLAN FOR THE REUSE
OF EPCAL PREPARED BY THE TOWN OF RIVERHEAD AND TOWN OF RIVERHEAD  COMMU-
NITY DEVELOPMENT AGENCY.
  2.  ESTABLISHMENT OF COMMISSION. THERE IS HEREBY ESTABLISHED AN ENTER-
PRISE PARK AT CALVERTON REVITALIZATION COMMISSION. THE COMMISSION  SHALL
BE A BODY CORPORATE AND POLITIC.
  A.  THE COMMISSION SHALL CONSIST OF SEVEN MEMBERS: FIVE MEMBERS OF THE
TOWN BOARD OF THE TOWN OF RIVERHEAD; ONE MEMBER APPOINTED BY THE  GOVER-
NOR  WITH EXPERIENCE AND EXPERTISE IN ECONOMIC DEVELOPMENT, ENVIRONMENT,
AND PLANNING; ONE MEMBER APPOINTED BY THE COUNTY  EXECUTIVE  OF  SUFFOLK
COUNTY  WITH  EXPERIENCE  AND  EXPERTISE IN ECONOMIC DEVELOPMENT, PUBLIC
WORKS, OR HEALTH SERVICES; AND, TWO EX-OFFICIO, NON-VOTING MEMBERS OF  A
CIVIC,  PROTECTIVE  OR SERVICE ASSOCIATION LOCATED IN THE TOWN OF RIVER-
HEAD OR PROVIDING SERVICE WITHIN THE TOWN OF RIVERHEAD TO BE SELECTED BY
MAJORITY VOTE OF THE MEMBERS IDENTIFIED ABOVE.
  I. THE INITIAL MEMBERS SHALL BE APPOINTED FOR THE FOLLOWING TERMS: THE
MEMBERS OF THE TOWN BOARD SHALL CONTINUE TO  SERVE  AS  MEMBERS  OF  THE
COMMISSION  THROUGHOUT  THEIR RESPECTIVE TERMS. AN APPOINTMENT TO FILL A
VACANCY SHALL BE MADE IN THE IDENTICAL MANNER OF INITIAL APPOINTMENT. IN
THE EVENT A VACANCY EXISTS IN THE MEMBERSHIP OF THE TOWN  BOARD  OF  THE
TOWN  OF  RIVERHEAD  THEN  THE MAJORITY OF MEMBERS OF THE TOWN BOARD MAY
VOTE TO APPOINT A MEMBER OF THE COMMISSION UNTIL SUCH TIME AS THE VACAN-
CY IS FILLED BY APPOINTMENT OR ELECTION.
  II. A MAJORITY OF THE VOTING MEMBERS OF THE COMMISSION  SHALL  CONSTI-
TUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE OF ANY
POWER  OR FUNCTION OF THE COMMISSION.  AN ACT, DETERMINATION OR DECISION
OF THE MAJORITY OF MEMBERS PRESENT AND ENTITLED TO VOTE DURING THE PRES-
ENCE OF A QUORUM SHALL BE HELD TO BE THE ACT, DETERMINATION OR  DECISION
OF THE COMMISSION.
  III.  THE  COMMISSION SHALL APPOINT A CHAIRPERSON OF THE COMMISSION TO
SERVE FOR A TWO YEAR PERIOD. ALL MEMBERS OF  THE  COMMISSION,  INCLUDING
THE  CHAIRPERSON, SHALL SERVE WITHOUT COMPENSATION BUT MAY BE REIMBURSED
FOR EXPENSES NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  IV. THE COMMISSION SHALL APPOINT AN EXECUTIVE DIRECTOR AND SUCH  OTHER
INDIVIDUALS  TO ASSIST IN THE ADMINISTRATION OF THE COMMISSION. THE TOWN
BOARD OF THE TOWN OF RIVERHEAD SHALL SELECT THE EXECUTIVE  DIRECTOR  AND
ANY   STAFF  DEEMED  NECESSARY  BY  THE  COMMISSION  TO  ADMINISTER  THE
PROVISIONS OF THIS ACT, HOWEVER,  ALL  SUBSEQUENT  APPOINTMENTS  TO  THE
POSITIONS  CREATED BY THE COMMISSION SHALL BE SUBJECT TO A MAJORITY VOTE
OF THE MEMBERS.

S. 7289                             9                           A. 10072

  3. POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE THE POWER TO:
  A.  ADOPT,  AMEND, OR REPEAL SUCH RULES AND REGULATIONS RELATED TO THE
INTERNAL MANAGEMENT OF THE COMMISSION CONSISTENT WITH THIS  SECTION,  AS
IT  DEEMS  NECESSARY  TO  ADMINISTER THIS SECTION, AND TO DO ANY AND ALL
THINGS NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSE AND POLICIES  OF
THIS  SECTION TO EXERCISE ALL POWERS GRANTED BY LAW. THE REUSE AND REVI-
TALIZATION PLAN AND RULES OR REGULATIONS ADOPTED BY THE COMMISSION SHALL
BE THE PRINCIPAL MEANS FOR CONTROLLING THE LAND  DEVELOPMENT  ACTIVITIES
WITHIN  EPCAL,  AND THE REGULATIONS MAY CONTAIN DUTIES OF THE COMMISSION
TO BE UNDERTAKEN IN THE EXERCISE OF THE POWER GRANTED BY THIS SECTION.
  B. THE COMMISSION SHALL PROMULGATE RULES  AND  REGULATIONS  CONSISTENT
WITH  ALL LOCAL, COUNTY, STATE AND FEDERAL LAWS TO ACHIEVE THE GOALS SET
FORTH IN THIS SECTION.
  C. I. THE COMMISSION SHALL MAKE AN OMNIBUS APPLICATION FOR ALL  SUBDI-
VISIONS  OF  LAND,  CONCEPTUAL DEVELOPMENT PLAN, INCLUDING DESIGNATED OR
PERMITTED ZONING USES, DIMENSIONS, LOT  AREA,  LOT  COVERAGE,  NECESSARY
INFRASTRUCTURE  IMPROVEMENTS,  INCLUDING SEWER AND WATER, AND SUCH OTHER
DEVELOPMENT OR IMPROVEMENTS PROPOSED AND SET  FORTH  IN  THE  REUSE  AND
REVITALIZATION  PLAN  TO  ALL SUCH STATE, REGIONAL AND LOCAL DEPARTMENTS
AND AGENCIES HAVING JURISDICTION TO REVIEW, COMMENT, OR APPROVE DEVELOP-
MENT PROPOSED WITHIN EPCAL AND SUCH STATE, REGIONAL  AND  LOCAL  DEPART-
MENTS  AND  AGENCIES  SHALL  NOT  UNREASONABLY  WITHHOLD,  DENY OR DELAY
APPROVAL PROVIDED THE OMNIBUS APPLICATION IS CONSISTENT WITH  THE  REUSE
AND  REVITALIZATION PLAN AND CONSISTENT WITH ANY APPLICABLE LOCAL, STATE
OR FEDERAL LAW OR REGULATION.
  II. ALL LICENSES, APPROVALS, PERMITS OR DECISIONS ISSUED OR GRANTED AS
A RESULT OF SUCH OMNIBUS APPLICATIONS OR PROCEEDINGS SHALL INURE TO  THE
COMMISSION  AND  FURTHER  INURE TO AND FOR THE BENEFIT OF AND BE BINDING
UPON ANY PERSON LEASING, ACQUIRING, CONSTRUCTING, MAINTAINING, USING  OR
OCCUPYING  ANY  LANDS IN EPCAL. THE COMMISSION SHALL DISPOSE OF APPLICA-
TIONS SUBMITTED FOR  DEVELOPMENT  OR  IMPROVEMENT  OF  THE  PROPERTY  AS
FOLLOWS:
  A.  IF THE APPLICATION IS CONSISTENT WITH THE PREAPPROVED APPLICATIONS
OF THE COMMISSION ISSUED BY THE STATE, REGIONAL  AND  LOCAL  DEPARTMENTS
AND AGENCIES, THE COMMISSION AFTER MAKING A DETERMINATION OF CONSISTENCY
WITH  THE USE AND REVITALIZATION PLAN SHALL REFER THE APPLICATION TO THE
TOWN OF RIVERHEAD FOR COMPLIANCE WITH ITS BUILDING CODE.
  B. IF THE APPLICATION IS NOT CONSISTENT WITH THE PREAPPROVED  APPLICA-
TIONS  OF THE COMMISSION ISSUED BY THE STATE, REGIONAL AND LOCAL DEPART-
MENTS AND AGENCIES, THE COMMISSION,  AFTER  MAKING  A  DETERMINATION  OF
CONSISTENCY  WITH  THE  USE  AND  REVITALIZATION PLAN, SHALL AUTHORIZE A
HARDSHIP APPLICATION SEEKING A  MODIFICATION,  ALTERATION  OR  EXEMPTION
FROM  THE  APPLICABLE  ISSUED LICENSE APPROVAL, PERMIT OR DECISION TO BE
FORWARDED TO THE APPROPRIATE STATE,  REGIONAL  OR  LOCAL  DEPARTMENT  OR
AGENCY  FOR ACTION. IF A MODIFICATION, ALTERATION OR EXEMPTION IS GRANT-
ED, THE COMMISSION SHALL RENDER A DETERMINATION CONSISTENT WITH ALL  THE
COMMENTS  AND  DETERMINATIONS  AND  FORWARD TO THE TOWN OF RIVERHEAD FOR
COMPLIANCE WITH ITS BUILDING CODE.
  D. ENCOURAGE, COOPERATE WITH, AID AND ASSIST THE TOWN OF RIVERHEAD  IN
THE  PREPARATION AND ADOPTION OF ZONING LAWS AND OTHER LOCAL LEGISLATION
REGULATING, RESTRICTING OR CONTROLLING  USES  OF  REAL  PROPERTY  WITHIN
EPCAL.  THE  TOWN  OF  RIVERHEAD SHALL RETAIN ALL POWERS RELATING TO THE
ENACTMENT AND AMENDMENT OF ZONING FOR LANDS WITHIN EPCAL, ENFORCEMENT OF
BUILDING AND FIRE CODES FOR ALL DEVELOPMENT  PROJECTS  AND  APPLICATIONS
FOR  IMPROVEMENT  TO  PROPERTY WITHIN EPCAL, AND ALL OWNERSHIP RIGHTS TO

S. 7289                            10                           A. 10072

LANDS WITHIN EPCAL SUCH THAT TRANSFER OF ANY RIGHT,  TITLE  OR  INTEREST
SHALL BE SUBJECT TO APPROVAL OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD.
  E. MAKE MAPS AND PLANS FOR PROPOSED SUBDIVISIONS, LOTS FOR DEVELOPMENT
WITHIN EPCAL CONSISTENT WITH THE ZONING DISTRICTS ADOPTED BY THE TOWN OF
RIVERHEAD.
  F.  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY AND
CONVENIENT FOR THE EXERCISE OF  ITS  POWERS  AND  FUNCTIONS  UNDER  THIS
SECTION.
  G.  ESTABLISH AND MAINTAIN SUCH FACILITIES AS MAY BE NECESSARY FOR THE
TRANSACTING OF ITS BUSINESS.
  H. UTILIZE, TO THE EXTENT FEASIBLE, THE STAFF AND  FACILITIES  OF  THE
TOWN  OF  RIVERHEAD,  PURSUANT  TO  AN ALLOCATION TO BE MADE TO THE TOWN
BOARD OF THE TOWN OF RIVERHEAD.
  I. HOLD HEARINGS IN THE EXERCISE OF ITS POWERS, FUNCTIONS, AND  DUTIES
PROVIDED FOR BY THIS SECTION.
  J. CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE.
  K. SUE AND BE SUED IN ITS OWN NAME, PLEAD AND BE IMPLEADED.
  L. ACQUIRE EASEMENTS AND OTHER INTEREST IN REAL PROPERTY CONTIGUOUS OR
ADJACENT TO EPCAL IN CONFORMANCE WITH THE REUSE AND REVITALIZATION PLAN.
  M.  ENFORCE  THE  REUSE AND REVITALIZATION PLAN, REGULATIONS, POLICIES
FOR THE REGULATION OF ITS AFFAIRS AND THE CONDUCT OF ITS BUSINESS.
  N. ADOPT AND COLLECT REASONABLE FEES, INCLUDING SUBDIVISION, AND  PLAN
A  PROJECT  REVIEW  FEES, TO DEFRAY ITS OPERATING EXPENDITURES. ANY SUCH
FEES SHALL BE IN ADDITION TO ANY  APPLICABLE  LOCAL,  STATE  OR  FEDERAL
FEES.
  O.  RECEIVE  FOR  THE PURPOSES OF EXERCISING ITS POWERS UNDER THIS ACT
ANY FUNDS OR MONEYS FROM ANY SOURCE, INCLUDING GRANTS,  BEQUESTS,  GIFTS
OR  CONTRIBUTIONS MADE BY ANY INDIVIDUAL, ASSOCIATION OR CORPORATION, OR
BY ANY MUNICIPAL, COUNTY, STATE OR  FEDERAL  GOVERNMENTS  PROVIDED  THAT
WHENEVER  THE TERMS OF SUCH GRANT, BEQUEST, GIFT OR CONTRIBUTION REQUIRE
THE GRANTS TO BE A MUNICIPALITY,  MUNICIPAL  AGENCY  OR  UNIT  OF  LOCAL
GOVERNMENT, THE COMMISSION SHALL BE SO CONSIDERED.
  5.  APPLICATIONS FOR DEVELOPMENT WITHIN EPCAL. A. THE COMMISSION SHALL
HAVE JURISDICTION TO REVIEW AND APPROVE ALL PROPOSED DEVELOPMENT  WITHIN
EPCAL  AND  APPLICATIONS SHALL BE MADE TO THE COMMISSION ON FORMS AND IN
SUCH MANNER AS THE COMMISSION SHALL DESIGNATE.
  B. THE COMMISSION SHALL MAKE A DETERMINATION WITHIN NINETY DAYS OF THE
RECEIPT OF A COMPLETE APPLICATION. IF THE COMMISSION  FAILS  TO  MAKE  A
DECISION  WITHIN  NINETY  DAYS,  THE  DEVELOPMENT  SHALL BE DEEMED TO BE
APPROVED BY THE COMMISSION, UNLESS EXTENDED BY MUTUAL AGREEMENT  OF  THE
APPLICANT  AND  THE  COMMISSION.  TO  THE EXTENT THAT AN ACTION TAKEN IN
FURTHERANCE OF THIS ACT IS SUBJECT TO ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW THE COMMISSION SHALL ACT AS LEAD AGENCY.
  6. ENTERPRISE PARK AT CALVERTON REUSE AND REVITALIZATION PLAN.  A. THE
TOWN OF RIVERHEAD SHALL FORMULATE AND ADOPT AFTER PUBLIC HEARING A REUSE
AND REVITALIZATION PLAN FOR THE EPCAL SITE THAT IS BASED UPON THE MARKET
STUDY, SITE AND SURVEY ANALYSIS, ENVIRONMENTAL AND  TRAFFIC  REVIEW  AND
CONSISTENT  WITH  THE GOAL OF ECONOMIC DEVELOPMENT AND URBAN RENEWAL AND
ADOPT SUCH REUSE AND REVITALIZATION PLAN CONSISTENT WITH THE  PROCEDURAL
REQUIREMENTS  OF  A  COMPREHENSIVE  MASTER  PLAN  WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS SECTION.
  B. THE COMMISSION SHALL DEVELOP CRITERIA, REGULATIONS  AND  PERMITTING
PROCESSES  CONSISTENT  WITH  THE  REUSE AND REVITALIZATION PLAN, GENERIC
IMPACT STATEMENT, AND ZONING ADOPTED BY THE TOWN OF RIVERHEAD TO  EFFEC-
TUATE  THE  GOAL  OF  ECONOMIC  DEVELOPMENT AND URBAN RENEWAL WITHIN ONE

S. 7289                            11                           A. 10072

HUNDRED TWENTY DAYS AFTER ADOPTION OF THE REUSE AND REVITALIZATION  PLAN
OR WITHIN ONE HUNDRED EIGHTY DAYS OF ADOPTION OF THIS SECTION.
  7.  JUDICIAL  REVIEW. ANY PERSON AGGRIEVED BY A FINAL DETERMINATION BY
THE COMMISSION UNDER THIS ACT MAY WITHIN THIRTY DAYS FROM  THE  DATE  OF
SUCH   DETERMINATION   SEEK   JUDICIAL   REVIEW   PURSUANT   TO  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE COMMISSION  SHALL
BE PARTY TO ANY SUCH PROCEEDING.
  S  3.  Severability. The provisions of this act shall be severable and
if any portion thereof or the applicability thereof  to  any  person  or
circumstance  shall  be  held invalid, the remainder of this act and the
application thereof shall not be affected thereby.
  S 4. This act shall take effect immediately.

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