S T A T E O F N E W Y O R K
________________________________________________________________________
5463
2013-2014 Regular Sessions
I N A S S E M B L Y
February 27, 2013
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Introduced by M. of A. SWEENEY -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
Long Island Pine Barrens
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 57-0107 of the environmental conservation law is
amended by adding a new subdivision 16 to read as follows:
16. "COMPLETE APPLICATION" SHALL MEAN AN APPLICATION FOR A COMMISSION
APPROVAL WHICH IS IN A FORM APPROVED BY THE COMMISSION AND WHICH IS
DETERMINED BY THE COMMISSION TO BE COMPLETE FOR THE PURPOSE OF COMMENC-
ING REVIEW OF THE APPLICATION, BUT WHICH MAY NEED TO BE SUPPLEMENTED
DURING THE COURSE OF ITS REVIEW AS TO MATTERS CONTAINED IN THE APPLICA-
TION NECESSARY FOR THE COMMISSION TO MAKE ITS FINDINGS AND DECISIONS
REQUIRED BY LAW. A COMPLETE APPLICATION SHALL INCLUDE SUCH DRAFT ENVI-
RONMENTAL IMPACT STATEMENT AS MAY BE REQUIRED PURSUANT TO ARTICLE EIGHT
OF THIS CHAPTER.
S 2. Subdivision 9 and the closing paragraph of subdivision 10 of
section 57-0121 of the environmental conservation law, subdivision 9 as
amended by chapter 448 of the laws of 2005, the closing paragraph of
subdivision 10 as amended by chapter 289 of the laws of 2006, are
amended to read as follows:
9. Within three months of the effective date of this section, the
commission shall publish interim goals and standards for development and
for hardship before the land use plan is implemented in compatible
growth areas identified in the map. The commission may vary the proce-
dures and time periods for compliance with article eight of this chapter
as necessary and appropriate to comply with the three month deadline of
this subdivision. Upon such publication, development may proceed in such
compatible growth areas subject to existing laws, regulations and
approval procedures and subject to the review and approval of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04889-02-3
A. 5463 2
commission. Any person, the state or a public corporation applying for
development in such compatible growth areas who has received all neces-
sary local and state approvals may petition the commission for approval
of the development. Within thirty days of [an] A COMPLETE application
being received, the commission shall provide the applicant and any other
interested party an opportunity to be heard. Notice of such hearing
shall be published in a newspaper having a general circulation in the
Central Pine Barrens area, and notice of such hearing shall also be
given by registered mail to the chief administrative officer of each
town and village within whose boundary any proposed development is
located. If the proposed development is consistent with the commission's
interim goals and standards, the commission shall approve the develop-
ment and may include conditions for approval. If the applicant seeks an
exemption based upon a demonstration of hardship, the commission may
approve development in the compatible growth area upon the finding that
such interim goals and standards caused an unnecessary hardship. In
making such finding the commission shall consider the criteria for a use
variance pursuant to section two hundred sixty-seven-b of the town law.
The commission must make a decision within one hundred twenty days of
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 commission.
Within thirty days of the COMPLETE application being received, the
commission shall provide the applicant and any other interested party an
opportunity to be heard. Notice of any public hearing conducted in
connection with an application for such a permit shall be published in a
newspaper of general circulation in the Central Pine Barrens area. If
the proposed development is not contrary to the policy or any provision
of this title and meets the standards of extraordinary hardship or
public need herein, and the commission so finds, it may issue a permit
allowing the development or such development subject to appropriate
conditions or modifications to occur, provided that permission may be
revoked by the commission if its terms are violated, and provided
further that any such hardship permit issued by the commission shall be
in addition to, and not in lieu of, such permit or permits as may be
required by any state agency or municipality within whose boundary such
development is located. The time within which the commission must decide
a [core preservation area hardship] COMPLETE application for which a
negative declaration has been made by the commission pursuant to article
eight of this chapter is one hundred twenty days from receipt of such
application. The time within which the commission must decide a [core
preservation area hardship] COMPLETE application for which a positive
declaration has been made by the commission pursuant to article eight of
this chapter is sixty days from issuance of a findings statement by the
commission pursuant to article eight of this chapter. If the commission
fails to make a decision within the aforesaid time periods, the develop-
ment shall be deemed to be approved by the commission, unless extended
by mutual agreement of the applicant and commission.
S 3. Paragraph (b) of subdivision 2 of section 57-0123 of the environ-
mental conservation law, as added by chapter 145 of the laws of 1996, is
amended to read as follows:
(b) The commission must make a decision ON A COMPLETE APPLICATION
within [one hundred twenty days of the receipt of a complete applica-
tion] THE TIME PERIOD ESTABLISHED PURSUANT TO SUBDIVISION TEN OF SECTION
57-0121 OF THIS TITLE. If the commission fails to make a decision within
A. 5463 3
[one hundred twenty days] 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 commission
must make a decision within one hundred twenty days of asserting juris-
diction over a project that is before the commission based on the peti-
tion by a commissioner. If the commission fails to make a decision with-
in 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.] 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.
S 4. This act shall take effect January 1, 2014 and shall apply to all
applications received on and after such effective date.