S T A T E O F N E W Y O R K
________________________________________________________________________
1591
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
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Introduced by M. of A. ENGLEBRIGHT, THIELE -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
preparation of a comprehensive land use plan for the South Fork Morai-
nal Forest and Hither Hills special groundwater protection areas, and
instituting a moratorium on development in such areas until the
adoption of such plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that the
protection of groundwater on the South Fork of Long Island has been a
policy long enunciated by the state of New York.
In 1987, the legislature adopted article 55 of the environmental
conservation law. This article recognized the value of preparing and
implementing a groundwater watershed protection plan in special ground-
water protection areas within federally designated sole source aquifers,
such as the South Fork Morainal Forest special groundwater protection
area and the Hither Hills special groundwater protection area.
In 1993, this legislature adopted the Long Island Pine Barrens
Protection Act. This act provided for the preparation and implementation
of a comprehensive land use plan for the Central Pine Barrens area. The
implementation of the Central Pine Barrens Plan has been an overwhelming
success and has been nationally recognized for its innovative approach
to environmental and drinking water protection.
The Long Island Pine Barrens Protection Act also contained provisions
to extend the benefits of its provisions to the South Fork. The towns of
Southampton and East Hampton, after initially passing resolutions in
1999 to participate in such a planning process, have now abandoned such
an effort. Further, no comparable planning effort has been completed and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04762-01-9
A. 1591 2
implemented by the two towns to protect the special drinking water
protection areas on the South Fork.
While no plan has been completed and implemented, historic increases
in development activity are overwhelming the special groundwater
protection areas and threatening the quality of these vital groundwater
resources.
It is the purpose of this act to stop development within these special
groundwater protection areas until a comprehensive land use plan has
been completed and implemented. This act shall also set standards for
such a plan and set a timetable for the completion of such a plan.
S 2. The environmental conservation law is amended by adding a new
section 57-0126 to read as follows:
S 57-0126. SOUTH FORK COMPREHENSIVE LAND USE PLAN; MORATORIUM.
1. THE TOWNS OF EAST HAMPTON AND SOUTHAMPTON ARE HEREBY AUTHORIZED AND
DIRECTED TO PREPARE A SOUTH FORK COMPREHENSIVE LAND USE PLAN FOR THE
SOUTH FORK MORAINAL FOREST OF THE TOWNS OF SOUTHAMPTON AND EAST HAMPTON,
SUFFOLK COUNTY, AND THE HITHER HILLS AREA OF THE TOWN OF EAST HAMPTON,
SUFFOLK COUNTY. THE BOUNDARIES OF SUCH AREA SHALL BE ESTABLISHED PURSU-
ANT TO THE COMPREHENSIVE MANAGEMENT PLAN PREPARED PURSUANT TO ARTICLE
FIFTY-FIVE OF THIS CHAPTER.
2. THE GOALS OF THE SOUTH FORK COMPREHENSIVE LAND USE PLAN SHALL BE
CONSISTENT WITH THE GOALS SET FORTH IN SUBDIVISION TWO OF SECTION
57-0121 OF THIS ARTICLE FOR THE CENTRAL PINE BARRENS AREA. THE CONTENTS
OF THE PLAN SHALL BE CONSISTENT WITH THE PROVISIONS OF SUBDIVISION SIX
OF SECTION 57-0121 OF THIS ARTICLE. THE TOWNS SHALL COMPLY WITH THE
PROVISIONS OF ARTICLE EIGHT OF THIS CHAPTER BEFORE THE PLAN IS APPROVED
AND IMPLEMENTED.
3. THE SOUTH FORK COMPREHENSIVE LAND USE PLAN SHALL BE COMPLETED AND
APPROVED BY THE TOWN BOARDS OF THE TOWNS OF EAST HAMPTON AND SOUTHAMPTON
ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINE. THE NOTICE,
PUBLIC HEARING, CONSULTATION AND REVIEW PROCEDURES UTILIZED TO PREPARE
THE PLAN SHALL BE WITHIN THE DISCRETION OF SUCH TOWNS, PROVIDED THAT AT
LEAST ONE PUBLIC HEARING IS HELD IN EACH TOWN ON THE DRAFT PLAN BEFORE
ITS FINAL ADOPTION. THE FINAL LAND USE PLAN SHALL INCLUDE ANY LOCAL LAWS
REQUIRED TO IMPLEMENT THE PLAN.
4. AFTER ADOPTION OF THE FINAL PLAN BY THE TOWNS, THE COMMISSIONER
SHALL, ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TEN, CERTIFY THAT
THE FINAL PLAN MEETS THE REQUIREMENTS OF THIS SECTION. IF THE PLAN IS
NOT IN COMPLIANCE WITH SUCH REQUIREMENTS, THE TOWNS SHALL REVISE THE
PLAN AND RETURN IT TO THE COMMISSIONER NO LATER THAN THIRTY DAYS AFTER
RECEIPT BY THE COMMISSIONER. THE COMMISSIONER SHALL CERTIFY THE RE-SUB-
MITTED PLAN WITHIN THIRTY DAYS OF ITS RECEIPT.
5. THE TOWNS OF EAST HAMPTON AND SOUTHAMPTON SHALL IMPLEMENT THE FINAL
PLAN WITHIN SIXTY DAYS OF CERTIFICATION BY THE COMMISSIONER.
6. NO DEVELOPMENT SHALL BE PERMITTED WITHIN THE SOUTH FORK MORAINAL
FOREST OR HITHER HILLS SPECIAL GROUNDWATER PROTECTION AREAS UNTIL THE
IMPLEMENTATION OF THE COMPREHENSIVE LAND USE PLAN HAS BEEN COMPLETED BY
THE TOWNS. ANY PERSON, UPON A SHOWING OF HARDSHIPS CAUSED BY SUCH MORA-
TORIUM ON DEVELOPMENT, MAY PETITION THE COMMISSIONER FOR A REVIEW OF THE
APPLICATION OF SUCH MORATORIUM. WITHIN THIRTY DAYS AFTER THE PETITION IS
RECEIVED, THE COMMISSIONER SHALL PROVIDE THE PETITIONER AND ANY OTHER
PERSON AN OPPORTUNITY TO BE HEARD. NOTICE OF SUCH HEARING SHALL BE
PUBLISHED IN AT LEAST TWO NEWSPAPERS HAVING A GENERAL CIRCULATION IN THE
AREA WHERE THE PROPERTY IS LOCATED, AND NOTICE OF THE HEARING SHALL BE
GIVEN BY REGISTERED MAIL TO THE TOWN SUPERVISOR WITHIN WHOSE TOWN THE
ACTION IS LOCATED.
A. 1591 3
7. FOR PURPOSES OF THIS SECTION, THE TERM "DEVELOPMENT" SHALL BE
DEFINED AS PROVIDED IN PARAGRAPHS (A) THROUGH (F) AND SUBPARAGRAPHS (I)
THROUGH (IX) OF THE SECOND UNDESIGNATED PARAGRAPH OF SUBDIVISION THIR-
TEEN OF SECTION 57-0107 OF THIS ARTICLE.
S 3. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
S 4. This act shall take effect immediately.