S. 6353 2
(a) To ENFORCE THE PROVISIONS OF THIS TITLE AND TO ENFORCE OTHER
PROVISIONS OF THIS ARTICLE AS PROVIDED FOR HEREIN; TO prepare, adopt,
enforce and ensure implementation of the comprehensive land use plan,
with the advice of the advisory committee AND TO CONDUCT INVESTIGATIONS
AND HOLD HEARINGS AND COMPEL THE ATTENDANCE OF WITNESSES AND THE
PRODUCTION OF ACCOUNTS, BOOKS, DOCUMENTS, AND NONDOCUMENTARY EVIDENCE BY
THE ISSUANCE OF A SUBPOENA;
(b) To sue and be sued;
(c) To make and execute contracts and all other instruments necessary
or convenient for the exercise of its powers and functions under this
title;
(d) To establish and maintain such facilities as may be necessary for
the transacting of its business;
(e) To appoint an executive officer, officers, agents, employees, and
prescribe their duties and qualifications and fix their compensation;
(f) To utilize to the extent feasible the staff and facilities of
existing state and county agencies, pursuant to an agreement to be made
by the state or by the county of Suffolk;
(g) TO UNDERTAKE SCIENTIFIC RESEARCH AND ACTIVITIES TO PRESERVE,
MANAGE AND RESTORE ECOLOGICAL, HYDROLOGICAL, CULTURAL AND HISTORICAL
RESOURCES WITHIN THE CENTRAL PINE BARRENS;
(H) To hold hearings in the exercise of its powers, functions and
duties provided for by this title;
[(h)] (I) To contract for professional and technical assistance and
advice, SCIENTIFIC RESEARCH AND ACTIVITIES TO PRESERVE, MANAGE AND
RESTORE ECOLOGICAL, HYDROLOGICAL, CULTURAL AND HISTORICAL RESOURCES
WITHIN THE CENTRAL PINE BARRENS;
[(i)] (J) To contract for and to accept any assistance, including but
not limited to gifts, grants or loans of funds or of property from the
federal government or any agency or instrumentality thereof, or from any
agency or instrumentality of the state, OR ACCEPT AND RECEIVE REVENUE
DERIVED FROM FEES OR FINES OR PENALTIES FOR VIOLATIONS INCURRED PURSUANT
TO THIS TITLE AND THE COMPREHENSIVE LAND USE PLAN, FOR DEPOSIT INTO THE
CENTRAL PINE BARRENS ENVIRONMENTAL BENEFIT FUND, or from any other
public or private source and to comply, subject to the provisions of
this title, with the terms and conditions thereof;
[(j)] (K) To establish regulations, values, and standards which may
include a system of bonuses and incentives in order to purchase, sell,
hold and trade development rights as defined in paragraph a of subdivi-
sion one of section two hundred sixty-one-a of the town law; such trans-
fers may cross municipal and special district boundaries;
[(k)] (L) To adopt, amend and repeal, after public hearing (except in
the case of rules and regulations that relate to the organization or
internal management of the agency), such rules and regulations, consist-
ent with this title, as it deems necessary to administer this title, and
to do any and all things necessary or appropriate to carry out the
purposes and policies of this title and exercise powers granted by law;
[(k-1)] (L-1) To purchase the maximum insurance, practicable and
affordable from revenues in the Pine Barrens fund pursuant to FORMER
section ninety-seven-o of the state finance law, from any duly author-
ized insurer in this state, against any liability subject to indemnity
pursuant to subdivision six of section 57-0123 of this chapter;
[(k-2)] (L-2) To acquire, hold lands and interest in land, and utilize
the power of eminent domain within available funds in the Pine Barrens
fund pursuant to FORMER section ninety-seven-o of the state finance law
or made available by local, county, or state government;
S. 6353 3
[(l)] (M) To provide scientific and technical assistance or to make
grants to THE FEDERAL GOVERNMENT OR PUBLIC CORPORATIONS, municipalities,
towns and the county for THE PRESERVATION, MANAGEMENT AND RESTORATION OF
ECOLOGICAL, HYDROLOGICAL, CULTURAL AND HISTORIC RESOURCES WITHIN THE
CENTRAL PINE BARRENS AND revisions of local master plans, or the rele-
vant ordinances designed to bring such plans and ordinances into
conformance with the comprehensive land use plan prepared and adopted by
the commission. The commission may make such grants from any funds which
may be appropriated or otherwise made available to it for such purpose;
[(m)] (N) To establish and maintain an education and outreach program
relating to the commission's work;
[(n)] (O) To convene conferences, seminars, meetings, technical
sessions on its own or in coordination with federal, state, county, town
or private organizations as deemed necessary relative to its responsi-
bilities;
[(o)] (P) To report periodically to the governor and the legislature
on the conduct of its activities not less than once a year, furnishing a
copy of each such report to the legislative bodies of Suffolk county and
the towns and villages in whole or in part within the Central Pine
Barrens area;
[(p)] (Q) To assist local, county and state government in prioritiza-
tion and negotiation with private landowners whose property is
restricted by the land use plan, to evaluate the impact of any
restrictions and develop a package of benefits; and
[(q)] (R) To have and exercise such other incidental and usual powers
as are necessary and appropriate to carry out its duties.
§ 3. Subdivisions 9 and 10 of section 57-0121 of the environmental
conservation law, subdivision 9 as amended by chapter 448 of the laws of
2005 and 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
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
S. 6353 4
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.
10. Any person, the state or a public corporation upon a showing of
hardship caused by the provisions of subdivision eight of this section
on development in the core preservation area, may apply to the commis-
sion for a permit exempting such applicant from such subdivision eight
in connection with any proposed development in the core preservation
area. Such COMPLETE application for an exemption pursuant to the demon-
stration of hardship within the core preservation area shall be approved
only if the person satisfies the following conditions and extraordinary
hardship or compelling public need is determined to have been estab-
lished under the following standards or for development by the state or
a public corporation or proposed for land owned by the state or a public
corporation compelling public need is determined to have been estab-
lished under the following standards:
(a) The particular physical surroundings, shape or topographical
conditions of the specific property involved would result in an extraor-
dinary hardship, as distinguished from a mere inconvenience, if the
provisions of this act are literally enforced. A person shall be deemed
to have established the existence of extraordinary hardship only if he
or she demonstrates, based on specific facts, that the subject property
does not have any beneficial use if used for its present use or devel-
oped as authorized by the provisions of this title, and that this
inability to have a beneficial use results from unique circumstances
peculiar to the subject property which:
(i) Do not apply to or affect other property in the immediate vicini-
ty;
(ii) Relate to or arise out of the characteristics of the subject
property rather than the personal situation of the applicant; or
(iii) Are not the result of any action or inaction by the applicant or
the owner or his or her predecessors in title including any transfer of
contiguous lands which were in common ownership on or after June 1,
1993.
(b) A person, the state or a public corporation shall be deemed to
have established compelling public need if the applicant demonstrates,
based on specific facts, one of the following:
(i) The proposed development will serve an essential health or safety
need of the municipalities in the Central Pine Barrens such that the
public health and safety require the requested waiver, that the public
benefits from the proposed use are of a character that overrides the
importance of the protection of the core preservation area as estab-
lished in this title, that the proposed use is required to serve exist-
ing needs of the residents, and that no feasible alternatives exist
outside the core preservation area to meet the established public need
and that no better alternatives exist within the county; or
(ii) The proposed development constitutes an adaptive reuse of an
historic resource designated by the commission and said reuse is the
minimum relief necessary to ensure the integrity and continued
protection of the designated historic resource and further that the
designated historic resource's integrity and continued protection cannot
be maintained without the granting of a permit.
S. 6353 5
(c) [An] A COMPLETE application for a permit in the core preservation
area shall be approved only if it is determined that the following addi-
tional standards also are met:
(i) The granting of the permit will not be materially detrimental or
injurious to other property or improvements in the area in which the
subject property is located, increase the danger of fire, endanger
public safety or result in substantial impairment of the resources of
the core preservation area;
(ii) The waiver will not be inconsistent with the purposes, objectives
or the general spirit and intent of this title; or
(iii) The waiver is the minimum relief necessary to relieve the
extraordinary hardship, which may include the granting of a residential
development right to other lands in the compatible growth area that may
be transferred or clustered to those lands to satisfy the compelling
public need.
Any waiver or exemption granted under the provisions of this part
shall only be considered an exemption or waiver of the particular stand-
ard of this title which the commission waived. It shall not constitute
an approval of the entire development proposal. Nor shall it constitute
a waiver from any requirements contained within any local, county or
state law or ordinance.
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] A COMPLETE 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 permis-
sion 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 bounda-
ry such development is located. The time within which the commission
must decide a COMPLETE core preservation area hardship 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
COMPLETE core preservation area hardship application for which a posi-
tive declaration has been made by the commission pursuant to article
eight of this chapter is sixty days from issuance of a findings state-
ment by the commission pursuant to article eight of this chapter. 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 commission.
PROCESSING AND REVIEW OF AN APPLICATION MAY BE SUSPENDED BY WRITTEN
NOTICE TO THE APPLICANT IF AN ENFORCEMENT ACTION HAS BEEN OR IS
COMMENCED AGAINST THE APPLICANT, PURSUANT TO SECTION 57-0136 OF THIS
TITLE, FOR ALLEGED VIOLATIONS OF THIS ARTICLE AT THE FACILITY OR SITE
THAT IS THE SUBJECT OF THE APPLICATION.
§ 4. Subdivisions 2 and 3 of section 57-0123 of the environmental
conservation law, subdivision 2 as amended by chapter 145 of the laws of
1996, paragraph (a) of subdivision 2 as amended by chapter 448 of the
S. 6353 6
laws of 2005 and subdivision 3 as amended by chapter 289 of the laws of
2006, are amended to read as follows:
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 commis-
sion 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] COMPLETE 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 ON A COMPLETE APPLICATION
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] RECEIPT OF A COMPLETE APPLICATION FOR A PROJECT OVER WHICH
THE COMMISSION HAS ASSERTED jurisdiction [over a project] that is before
the commission based on the petition by a commissioner. If the commis-
sion fails to make a decision within one hundred twenty days of [the
date of asserting jurisdiction] RECEIPT OF A COMPLETE APPLICATION FOR A
PROJECT OVER WHICH THE COMMISSION HAS ASSERTED, the development shall be
deemed to be approved by the commission, unless extended by mutual
agreement of the applicant and the commission.
(C) PROCESSING AND REVIEW OF AN APPLICATION MAY BE SUSPENDED BY WRIT-
TEN NOTICE TO THE APPLICANT IF AN ENFORCEMENT ACTION HAS BEEN OR IS
COMMENCED AGAINST THE APPLICANT FOR ALLEGED VIOLATIONS, PURSUANT TO
SECTION 57-0136 OF THIS TITLE, AT THE FACILITY OR SITE THAT IS THE
SUBJECT OF THE APPLICATION.
3. (a) Subsequent to the adoption of the land use plan, the provisions
of any other law, ordinance, rule or regulation to the contrary notwith-
standing, 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] A COMPLETE application for
development of any person, upon finding that such waiver is necessary to
S. 6353 7
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 title, 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 title, and every application is consist-
ent 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 hard-
ship 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 title, is consistent with the purposes and provisions of this
title and would not result in substantial impairment of the resources of
the Central Pine Barrens area.
(c) The commission must make a decision ON A COMPLETE APPLICATION
within the time periods established pursuant to subdivision ten of
section 57-0121 of this title. If the commission fails to make a deci-
sion 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 title is pending against the applicant with
respect to the property at issue or otherwise arising out of the owner-
ship or use of such property.
§ 5. The environmental conservation law is amended by adding a new
section 57-0132 to read as follows:
§ 57-0132. PROHIBITION OF SPECIFIC ACTIVITIES.
1. THE LEGISLATURE FINDS THAT IN THE CENTRAL PINE BARRENS CERTAIN
ACTIVITIES HAVE BEEN AND CONTINUE TO BE CONDUCTED WHICH ARE NOT CONSIST-
ENT WITH THE SPIRIT AND INTENT OF THIS ARTICLE, IN PARTICULAR THE STATED
PURPOSE OF PROTECTING AND PRESERVING THE HYDROLOGIC AND ECOLOGIC INTEG-
RITY OF THE CENTRAL PINE BARRENS. THE LEGISLATURE ALSO FINDS THAT THESE
ACTIVITIES, CONSISTING OF THE UNLAWFUL OPERATION OF ALL-TERRAIN VEHICLES
AND OFF-ROAD VEHICLES BY THE GENERAL PUBLIC ON PUBLIC LANDS LOCATED
WITHIN THE CENTRAL PINE BARRENS; THE UNLAWFUL DISPOSAL OF SOLID WASTE ON
THE LANDS OF THE STATE OR PUBLIC CORPORATIONS; THE UNLAWFUL CUTTING OF
EXISTING VEGETATION ON PUBLIC LANDS IN THE CENTRAL PINE BARRENS; THE
UNLAWFUL EXCAVATION AND GRADING OF PUBLIC LANDS IN THE CENTRAL PINE
BARRENS AND VANDALISM ON PUBLIC LANDS IN THE CENTRAL PINE BARRENS, HAVE
CAUSED AND ARE CONTINUING TO CAUSE HARM TO THE IMPORTANT AND FRAGILE
ECOSYSTEM FOUND THEREIN. THESE SPECIFICALLY ENUMERATED ACTIVITIES HAVE,
WITHIN THE CENTRAL PINE BARRENS, DESTROYED OR GREATLY DAMAGED SIGNIF-
ICANT FORESTS, GRASSLANDS, WETLANDS AND OTHER ECOLOGICAL COMMUNITIES AND
HABITATS OF WILDLIFE, PARTICULARLY THOSE WHICH ARE RARE OR OTHERWISE
ENDANGERED OR THREATENED; HAVE CAUSED SIGNIFICANT EROSION AND LOSS OF
IMPORTANT NATURAL SOILS; HAVE ADVERSELY IMPACTED THE NATURAL, SCENIC
BEAUTY OF THE AREA; HAVE DISPLACED WILDLIFE; HAVE CAUSED ENVIRONMENTAL
CONTAMINATION; HAVE CREATED UNSAFE AND DANGEROUS CONDITIONS FOR LAWFUL
S. 6353 8
USERS AND ADJOINING PROPERTY OWNERS AND HAVE ADVERSELY AFFECTED THE
QUALITY OF LIFE OF AREA RESIDENTS.
2. THEREFORE, THE FOLLOWING SPECIFIC ACTIVITIES ARE PROHIBITED ON
PUBLIC LANDS WITHIN THE CENTRAL PINE BARRENS:
A. THE UNLAWFUL AND UNAUTHORIZED OPERATION OF ALL-TERRAIN VEHICLES AND
OFF-ROAD VEHICLES;
B. THE UNLAWFUL AND UNAUTHORIZED DUMPING AND DEPOSITION OF SOLID
WASTE, TRASH, RUBBISH, DEBRIS AND OTHER DISCARDED MATERIALS;
C. THE UNLAWFUL CUTTING AND DESTRUCTION OF EXISTING VEGETATION;
D. UNLAWFUL EXCAVATION AND GRADING; AND
E. VANDALISM.
3. THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE TO THE
ACTIVITIES OF ANY FEDERAL OR STATE AGENCY OR ENTITY, THE COMMISSION, ANY
PUBLIC AUTHORITY, PUBLIC CORPORATION OR PUBLIC UTILITY AND ANY MUNICI-
PALITY.
§ 6. Section 57-0136 of the environmental conservation law, as amended
by chapter 289 of the laws of 2006, is amended to read as follows:
§ 57-0136. Penalties and enforcement.
1. ENFORCEMENT; DESIGNATED EMPLOYEES TO HAVE CERTAIN POWERS. SUCH
EMPLOYEES AS MAY BE DESIGNATED BY THE COMMISSION SHALL BE AUTHORIZED TO
ISSUE UNIFORM APPEARANCE TICKETS, SIMPLIFIED TRAFFIC INFORMATIONS,
SIMPLIFIED PARKS INFORMATIONS, SIMPLIFIED ENVIRONMENTAL CONSERVATION
INFORMATIONS, NOTICES OF VIOLATION AND PERFORM RELATED ENFORCEMENT
DUTIES, WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES.
2. GENERAL LAW ENFORCEMENT AUTHORITY. EVERY POLICE OFFICER, EVERY
PEACE OFFICER, EVERY MUNICIPAL ENFORCEMENT OFFICER AND ANY EMPLOYEE OF
THE COMMISSION AS MAY BE DESIGNATED BY THE COMMISSION, SHALL ENFORCE THE
PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT ADDED
THIS SUBDIVISION, AND THE RULES, AND REGULATIONS AND ORDERS ENACTED OR
PROMULGATED THEREUNDER. SUCH OFFICERS OR COMMISSION EMPLOYEES SHALL BE
AUTHORIZED TO ISSUE AN APPEARANCE TICKET OR, IN LIEU THEREOF, A UNIFORM
APPEARANCE TICKET OR, IN LIEU THEREOF, A UNIFORM APPEARANCE TICKET AND
SIMPLIFIED INFORMATION AS PROVIDED IN SUBDIVISION THREE OF SECTION
57-0136, FOR ANY VIOLATION OF THIS CHAPTER OR RULE, REGULATION OR ORDER
ADOPTED THEREUNDER.
3. UNIFORM APPEARANCE TICKET AND SIMPLIFIED INFORMATION. (A) THE
COMMISSION SHALL PRESCRIBE THE FORM OF AN APPEARANCE TICKET AND SIMPLI-
FIED INFORMATION FOR ALL CASES INVOLVING A VIOLATION OF ANY PROVISION OF
A CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT ADDED THIS SUBDIVI-
SION, OR OF ANY RULE, REGULATION OR ORDER ADOPTED OR PROMULGATED THERE-
UNDER, OR OF ANY CLASS OR CATEGORY OF SUCH CASES, AND TO ESTABLISH
PROCEDURES FOR PROPER ADMINISTRATIVE CONTROLS OVER THE DISPOSITION THER-
EOF.
(B) THE CHIEF EXECUTIVE OFFICER OF EACH LOCAL POLICE FORCE AND PEACE
OFFICER FORCE INCLUDING COUNTY, TOWN, CITY AND VILLAGE POLICE DEPART-
MENTS, SHERIFFS AND THE SUPERINTENDENT OF STATE POLICE SHALL PREPARE OR
CAUSE TO BE PREPARED SUCH RECORDS AND REPORTS AS MAY BE PRESCRIBED HERE-
UNDER.
(C) THE COMMISSION SHALL HAVE THE POWER TO ADOPT SUCH RULES AND REGU-
LATIONS AS MAY BE DEEMED NECESSARY TO ACCOMPLISH THE PURPOSES AND
ENFORCE THE PROVISIONS OF THIS SECTION INCLUDING REQUIREMENTS FOR
REPORTING BY TRIAL COURTS HAVING JURISDICTION OVER SUCH OFFENSES.
(D) ANY PERSON WHO DISPOSES OF ANY UNIFORM APPEARANCE TICKET AND
SIMPLIFIED INFORMATION IN ANY OTHER MANNER THAN THAT PRESCRIBED BY LAW,
RULE OR REGULATION SHALL BE GUILTY OF A CLASS B MISDEMEANOR.
S. 6353 9
(E) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY OFFENSE FOR
WHICH A UNIFORM SUMMONS AND COMPLAINT IS PRESCRIBED BY THE COMMISSIONER
OF MOTOR VEHICLES PURSUANT TO SECTION TWO HUNDRED SEVEN OF THE VEHICLE
AND TRAFFIC LAW OR BY THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC
PRESERVATION PURSUANT TO ARTICLE TWENTY-SEVEN OF THE PARKS, RECREATION
AND HISTORIC PRESERVATION LAW.
4. Violations. (a) All of the rights and remedies provided for in this
section are in addition to all of the rights and remedies available to
the villages and towns located within the "Central Pine Barrens Area" as
specifically defined in subdivision ten of section 57-0107 of this
title. All of the rights and remedies provided for in this section are
in addition to all of the rights and remedies available to the attorney
general as provided for in state law.
(b) With respect to any land use conduct within the Central Pine
Barrens Area that violates any provision of an applicable village or
town law, the responsibility for enforcement of such violation shall lie
with the applicable village or town in the first instance as provided
for in the laws of the respective town or village. The applicable
village or town shall provide written notice to the commission of all
such enforcement efforts. In the event the applicable village or town
does not commence an enforcement action within sixty days from the
receipt of a written notice to the applicable village or town of any
land use conduct within the Central Pine Barrens Area that may violate
any provision of an applicable village or town law, the commission, or
the attorney general at the request of the commission or upon his or her
own initiative, may institute enforcement action for such violation as
set forth in subdivisions [two, three and four] FIVE, SIX AND EIGHT of
this section. IN SUCH EVENT, ANY PENALTIES OR FINES COLLECTED SHALL BE
DEPOSITED WITH THE APPLICABLE VILLAGE OR TOWN, IF THE APPLICABLE VILLAGE
OR TOWN COMMENCES AN ENFORCEMENT ACTION WITHIN THE TIMEFRAME ALLOTTED
HEREIN, TO BE MAINTAINED IN A SEGREGATED ACCOUNT TO BE USED EXCLUSIVELY
FOR THE ACQUISITION OF REAL PROPERTY OR TRANSFERABLE DEVELOPMENT RIGHTS
INTERESTS OR CAPITAL PROJECTS ASSOCIATED WITH ENHANCEMENT AND/OR RESTO-
RATION OF THE NATURAL RESOURCES AND ECOSYSTEMS LOCATED WITHIN THE
CENTRAL PINE BARRENS AREA. IF THE APPLICABLE VILLAGE OR TOWN FAILS TO
COMMENCE AN ENFORCEMENT ACTION WITHIN THE TIMEFRAME ALLOTTED HEREIN AND
ENFORCEMENT ACTION IS INSTEAD COMMENCED BY THE COMMISSION, ANY PENALTIES
OR FINES COLLECTED SHALL BE DEPOSITED INTO THE SEPARATE, NON-LAPSING
ENVIRONMENTAL BENEFIT FUND OF THE COMMISSION.
(c) With regard to any violation of this title, the land use plan
adopted by the commission, any regulation promulgated by the commission,
or any order, determination or permit condition issued by the commis-
sion, there shall be independent jurisdiction among the village or town
in which such violation occurred or is occurring to investigate and
prosecute such violation as set forth in subdivisions [two, three and
four] FIVE, SIX AND EIGHT of this section. The commission, THE SUFFOLK
COUNTY DISTRICT ATTORNEY or the attorney general, at the request of the
commission, or upon THE SUFFOLK COUNTY DISTRICT ATTORNEY'S OR the attor-
ney general's own initiative shall also have independent jurisdiction to
investigate and prosecute such violation as set forth in subdivisions
[two, three and four] FIVE, SIX AND EIGHT of this section.
The party initiating such a prosecution shall consult with the other
governmental entities named in this section before initiating such an
action, except in a case involving a threat of irreparable harm or immi-
nent violation or repeated violations of this title, the land use plan
adopted by the commission, any regulation promulgated by the commission,
S. 6353 10
or any order, determination or permit condition issued by the commis-
sion.
IN SUCH EVENT, ANY PENALTIES OR FINES COLLECTED AS A RESULT OF THE
APPLICABLE VILLAGE OR TOWN PROSECUTION SHALL BE DEPOSITED WITH THE
APPLICABLE VILLAGE OR TOWN TO BE MAINTAINED IN A SEGREGATED ACCOUNT TO
BE USED EXCLUSIVELY FOR THE ACQUISITION OF REAL PROPERTY OR TRANSFERABLE
DEVELOPMENT RIGHTS INTERESTS OR CAPITAL PROJECTS ASSOCIATED WITH
ENHANCEMENT AND/OR RESTORATION OF THE NATURAL RESOURCES AND ECOSYSTEMS
LOCATED WITHIN THE CENTRAL PINE BARRENS AREA. ANY PENALTIES OR FINES
COLLECTED AS A RESULT OF THE COMMISSION PROSECUTION SHALL BE DEPOSITED
INTO THE SEPARATE, NON-LAPSING ENVIRONMENTAL BENEFIT FUND OF THE COMMIS-
SION.
(d) With regard to any land use conduct within the Central Pine
Barrens Area that is a violation of the applicable village or town law
in addition to being a violation of the specific requirements of this
title, the land use plan adopted by the commission, or the terms or
conditions of any order, permit or determination issued by the commis-
sion, the commission, THE SUFFOLK COUNTY DISTRICT ATTORNEY or the attor-
ney general at the request of the village or town, may jointly institute
with the village and town an enforcement action as set forth in subdivi-
sions [two, three and four] FIVE, SIX AND EIGHT of this section. In such
event, any penalties or fines collected shall be deposited with the
applicable village or town to be maintained in a segregated account to
be used exclusively for the acquisition of real property or transferable
development rights interests or capital projects associated with
enhancement and/or restoration of the natural resources and ecosystems
located within the Central Pine Barrens Area.
[2.] 5. Civil penalties. (a) For a violation that takes place in the
"core preservation area" as defined in subdivision eleven of section
57-0107 of this title, any person who violates any provision of this
title, the land use plan adopted by the commission, any regulation
promulgated by the commission, or the terms or conditions of any order,
permit, or determination issued by the commission pursuant to this title
shall be liable for a civil penalty of not more than twenty-five thou-
sand dollars for each violation and an additional civil penalty of not
more than one thousand dollars for each day that such violation contin-
ues.
(b) For a violation that takes place in the "compatible growth area"
as defined in subdivision twelve of section 57-0107 of this title, any
person who violates any provision of this title, the land use plan
adopted by the commission, any regulation promulgated by the commission,
or the terms or conditions of any order, permit, or determination issued
by the commission pursuant to this title shall be liable for a civil
penalty of not more than ten thousand dollars for each violation and an
additional civil penalty of not more than one thousand dollars for each
day that such violation continues.
[3.] 6. Criminal penalties. (a) For a violation that takes place in
the "core preservation area" as defined in subdivision eleven of section
57-0107 of this title, any person who willfully or intentionally
violates any provision of this title, the land use plan adopted by the
commission, any regulation promulgated by the commission, or the terms
or conditions of any order, permit, or determination issued by the
commission pursuant to this title shall be guilty of a misdemeanor
punishable by a fine of not more than twenty-five thousand dollars for
each violation and an additional fine of not more than one thousand
dollars for each day that such violation continues.
S. 6353 11
(b) For a violation that takes place in the "compatible growth area"
as defined in subdivision twelve of section 57-0107 of this title, any
person who willfully or intentionally violates any provision of this
title, the land use plan adopted by the commission, any regulation
promulgated by the commission, or the terms or conditions of any order,
permit, or determination issued by the commission pursuant to this title
shall be guilty of a misdemeanor punishable by a fine of not more than
ten thousand dollars for each violation and an additional fine of not
more than one thousand dollars for each day that such violation contin-
ues.
7. ADDITIONAL REMEDIES REGARDING ALL-TERRAIN VEHICLES AND OFF-ROAD
VEHICLES. (A) IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISIONS
FIVE AND SIX OF THIS SECTION, A POLICE OFFICER OR PEACE OFFICER MAY
IMMEDIATELY IMPOUND ANY ALL-TERRAIN VEHICLES OR OFF-ROAD VEHICLES OPER-
ATED IN VIOLATION OF SUBDIVISION TWO OF SECTION 57-0132 OF THIS TITLE.
SUCH IMPOUNDED ALL-TERRAIN VEHICLES OR OFF-ROAD VEHICLES SHALL BE PROC-
ESSED CONSISTENT WITH THE PROVISIONS OF SECTION FIVE HUNDRED ELEVEN-B OF
THE VEHICLE AND TRAFFIC LAW; PROVIDED, HOWEVER, THAT A SURCHARGE OF FIVE
HUNDRED DOLLARS SHALL BE PAID BY THE OWNER OF SUCH VEHICLE, AND MONIES
THEREFROM SHALL BE DEPOSITED INTO THE SEPARATE, NON-LAPSING ENVIRON-
MENTAL BENEFIT FUND OF THE COMMISSION.
(B) NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF
ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE
OPERATION OF ALL-TERRAIN VEHICLES OR OFF-ROAD VEHICLES THAN ARE PROVIDED
OR AUTHORIZED BY THIS SECTION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS
CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH,
SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS
SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDI-
NANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
[4.] 8. Additional remedies. Alternatively, or in addition to an
action seeking civil penalties or criminal fines or imprisonment as
provided by subdivisions two and three of this section, the commission,
THE SUFFOLK COUNTY DISTRICT ATTORNEY or the attorney general may insti-
tute any appropriate action or proceeding to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce, any provision of this
title, the land use plan adopted by the commission, any regulation
promulgated by the commission, or the terms or conditions of any order,
permit, or determination issued by the commission pursuant to this
title. The court in which the action or proceeding is brought may order
the person responsible for the violation to take such affirmative meas-
ures as are necessary to correct or remediate the violation. Such an
action or proceeding may also seek restitution for any such violation.
9. DISPOSITION OF FEES AND PENALTIES. (A) UNLESS OTHERWISE PROVIDED IN
THIS TITLE, NOT LATER THAN THE TENTH DAY OF EACH MONTH, ALL FINES,
PENALTIES AND FORFEITURES COLLECTED FOR VIOLATIONS OF THIS TITLE OR
RULES, REGULATIONS, LOCAL LAWS OR ORDINANCES ADOPTED THEREUNDER UNDER
JUDGMENT OF ANY TOWN OR VILLAGE COURT, SHALL BE PAID OVER BY SUCH COURT
TO THE APPLICABLE FUND AS DESCRIBED IN SUBDIVISIONS FOUR AND SEVEN OF
THIS SECTION, WITH A STATEMENT ACCOMPANYING THE SAME, SETTING FORTH THE
ACTION OR PROCEEDING IN WHICH SUCH MONIES WERE COLLECTED, THE NAME AND
RESIDENCE OF THE DEFENDANT, THE NATURE OF THE OFFENSE, AND THE FINES AND
PENALTIES IMPOSED.
(B) ALL FINES AND PENALTIES COLLECTED FOR VIOLATIONS OF THIS SECTION
BY COURTS OPERATING PURSUANT TO SECTION THIRTY-NINE OF THE JUDICIARY LAW
SHALL BE DIRECTED BY SUCH COURT TO THE APPLICABLE FUND AS DESCRIBED IN
S. 6353 12
SUBDIVISIONS FOUR AND SEVEN OF THIS SECTION, WITH A STATEMENT ACCOMPANY-
ING THE SAME, SETTING FORTH THE ACTION OR PROCEEDING IN WHICH SUCH
MONIES WERE COLLECTED, THE NAME AND RESIDENCE OF THE DEFENDANT, THE
NATURE OF THE OFFENSE, AND THE FINES AND PENALTIES IMPOSED, ON A MONTHLY
BASIS NO LATER THAN TEN DAYS AFTER THE LAST DAY OF EACH MONTH.
§ 7. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such date.
