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SECTION 57-0123
Implementation of the Central Pine Barrens comprehensive land use plan
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 57, TITLE 1
§ 57-0123. Implementation of the Central Pine Barrens comprehensive land

use plan.

1. Within three months after the land use plan has been adopted by the
commission, each town board and village board with jurisdiction within
the Central Pine Barrens area shall adopt and amend as necessary land
use and zoning regulations, by local law or ordinance, rule or
regulation to conform their land use regulations to the land use plan.
Such action shall not be subject to the provisions of article eight of
this chapter if it is in conformance with the conditions and thresholds
of the land use plan. At least thirty days before adoption thereof, the
town or village board shall submit the proposed regulations to the
commission for its review and approval. Within ten days of receipt of
such proposed regulations, the commission shall review and approve such
proposed regulations, or if it does not approve them, return them with
comments on what needs to be done to make them approvable. For each
jurisdiction, the land use plan shall be deemed to be implemented upon
adoption by the town or village board of approved land use regulations.
The interim regulation provisions of subdivisions eight, nine, and ten
of section 57-0121 of this title shall remain in effect for each town or
village until it has adopted approved land use regulations to conform to
the adopted comprehensive management plan. Within villages that were
incorporated on or before June 30, 1993, whose land use and zoning
regulations are approved by the commission consistent with the land use
plan pursuant to section 57-0121 of this title, development which
conforms to such land use and zoning regulations and does not have
significant adverse impacts on the goals of the land use plan shall not
be subject to review by the commission. After town or village land use
regulations have been approved and upon a finding that a town or village
has changed such regulations in a manner substantially inconsistent with
the land use plan or has administered its approved land use regulations
in a manner substantially inconsistent with the land use plan, the
commission shall withdraw approval of such land use regulations and the
provisions of subdivisions eight, nine and ten of section 57-0121 of
this title shall be reinstituted. Such withdrawal of approval shall be
made not before fourteen days after the commission holds a public
hearing in the affected town or village on the proposed withdrawal.
Notice of such hearing shall be published in a newspaper having general
circulation in the Central Pine Barrens area and notice of such hearing
shall also be given by registered mail to the affected supervisor or
mayor.

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
commission 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 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 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 jurisdiction over
a project that is before the commission based on the petition by a
commissioner. If the commission fails to make a decision within 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.

3. (a) Subsequent to the adoption of the land use plan, the provisions
of any other law, ordinance, rule or regulation to the contrary
notwithstanding, 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 application for
development of any person, upon finding that such waiver is necessary to
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
consistent 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
hardship 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 within the time periods
established pursuant to subdivision ten of section 57-0121 of this
title. 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 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.

4. Notwithstanding any inconsistent provisions in article eight of
this chapter and within towns and villages with approved land use
regulations, actions wholly within the Central Pine Barrens area in
conformance with the conditions and thresholds of the land use plan and
the generic environmental impact statement thereof shall require no
further environmental impact statement with respect to impacts addressed
in such generic environmental impact statement. Further project-specific
compliance with article eight of this chapter may be required. Upon
ratification by the towns and adoption of the land use plan by the
commission, the consistency provisions of article fifty-five are no
longer required.

5. Notwithstanding any other provision of law, any state agency may
provide in implementing a ranking system for allocating funds for
infrastructure, land acquisition, farmland preservation or park
assistance projects a preference not to exceed the equivalent of an
advantage of five percent for such projects which are identified in a
land use plan.

6. For the county of Suffolk, and each town or village implementing
regulations wholly within the Central Pine Barrens area approved by the
commission, there may be defense by and shall be indemnity from the
state in the event of legal actions or proceedings brought against any
such municipalities or their agents, servants, officials or employees
that may result from the municipal acquisition of land consistent with
the land use plan or comprehensive management plan or the adoption or
implementation of any land use control including, but not limited to,
the provisions of a zoning law, ordinance, or regulation consistent with
this title or required by the minimum standards and criteria of the land
use plan. Indemnity shall not apply to any such claim in which a final
court determination results in a finding of intentional wrongdoing,
recklessness, or an unlawful discriminatory practice including the
finding that the land use control was intended to exclude a particular
group or individual, or gross negligence on the part of such
municipality or its agents, servants, officials, or employees. Actions
or proceedings brought under subdivisions two, two-a, three-b, four,
paragraphs (a) and (b) of subdivision five and subdivisions six, seven,
fourteen, and eighteen of section two hundred ninety-six of the
executive law and 42 U.S.C. 55 1981, 1983, 1988 shall be indemnified by
the state only so far as the grievance alleged in such action or
proceeding was the result of an act consistent with this title or the
plan.

(a) Such indemnity shall apply only to the extent that any such claim
exceeds any insurance coverage obtained by the commission from revenues
in the Pine Barrens fund.

(b) Such indemnity shall be conditioned upon (i) delivery by the
governing body or its agent against whom the legal action or proceeding
was commenced to the attorney general or an assistant attorney general
at an office of the department of law in the state the original or a
copy of any summons, complaint, process, notice, demand or pleading
within fifteen days after such document is served upon such governing
body or its agent, and (ii) the full cooperation of the governing body
or its agents against whom the action or proceeding was commenced in the
defense of such action or proceeding and in defense of any action or
proceeding against the state based upon the same act or omission, and in
the prosecution of any appeal.

(c) There shall be no indemnity in the event of a settlement between
or among the parties to such legal action or proceeding in those
instances in which the attorney general is not providing the defense for
the governing body or its agents, unless such settlement is approved by
the commission with the concurrence of the attorney general.

7. Notwithstanding any other provision of law to the contrary and in
addition to any existing authority therefor, a town or village in
implementing regulations approved by the commission and acting in
furtherance of the land use plan may enter into an agreement to
condition a zoning amendment.