S T A T E   O F   N E W   Y O R K
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                                  4143

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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
implemented  by  the  two  towns  to  protect the special drinking water
protection areas on the South Fork.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05269-01-1
              

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  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 ELEVEN.  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  TWELVE,  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.
  7.  FOR  PURPOSES  OF  THIS  SECTION,  THE TERM "DEVELOPMENT" SHALL BE
DEFINED AS PROVIDED IN PARAGRAPHS (A) THROUGH (F) AND SUBPARAGRAPHS  (I)

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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.