Bill Text: NY A05463 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to applications made to the Central Pine Barrens joint planning and policy commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A05463 Detail]
Download: New_York-2013-A05463-Introduced.html
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
___________
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:
1 Section 1. Section 57-0107 of the environmental conservation law is
2 amended by adding a new subdivision 16 to read as follows:
3 16. "COMPLETE APPLICATION" SHALL MEAN AN APPLICATION FOR A COMMISSION
4 APPROVAL WHICH IS IN A FORM APPROVED BY THE COMMISSION AND WHICH IS
5 DETERMINED BY THE COMMISSION TO BE COMPLETE FOR THE PURPOSE OF COMMENC-
6 ING REVIEW OF THE APPLICATION, BUT WHICH MAY NEED TO BE SUPPLEMENTED
7 DURING THE COURSE OF ITS REVIEW AS TO MATTERS CONTAINED IN THE APPLICA-
8 TION NECESSARY FOR THE COMMISSION TO MAKE ITS FINDINGS AND DECISIONS
9 REQUIRED BY LAW. A COMPLETE APPLICATION SHALL INCLUDE SUCH DRAFT ENVI-
10 RONMENTAL IMPACT STATEMENT AS MAY BE REQUIRED PURSUANT TO ARTICLE EIGHT
11 OF THIS CHAPTER.
12 S 2. Subdivision 9 and the closing paragraph of subdivision 10 of
13 section 57-0121 of the environmental conservation law, subdivision 9 as
14 amended by chapter 448 of the laws of 2005, the closing paragraph of
15 subdivision 10 as amended by chapter 289 of the laws of 2006, are
16 amended to read as follows:
17 9. Within three months of the effective date of this section, the
18 commission shall publish interim goals and standards for development and
19 for hardship before the land use plan is implemented in compatible
20 growth areas identified in the map. The commission may vary the proce-
21 dures and time periods for compliance with article eight of this chapter
22 as necessary and appropriate to comply with the three month deadline of
23 this subdivision. Upon such publication, development may proceed in such
24 compatible growth areas subject to existing laws, regulations and
25 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
1 commission. Any person, the state or a public corporation applying for
2 development in such compatible growth areas who has received all neces-
3 sary local and state approvals may petition the commission for approval
4 of the development. Within thirty days of [an] A COMPLETE application
5 being received, the commission shall provide the applicant and any other
6 interested party an opportunity to be heard. Notice of such hearing
7 shall be published in a newspaper having a general circulation in the
8 Central Pine Barrens area, and notice of such hearing shall also be
9 given by registered mail to the chief administrative officer of each
10 town and village within whose boundary any proposed development is
11 located. If the proposed development is consistent with the commission's
12 interim goals and standards, the commission shall approve the develop-
13 ment and may include conditions for approval. If the applicant seeks an
14 exemption based upon a demonstration of hardship, the commission may
15 approve development in the compatible growth area upon the finding that
16 such interim goals and standards caused an unnecessary hardship. In
17 making such finding the commission shall consider the criteria for a use
18 variance pursuant to section two hundred sixty-seven-b of the town law.
19 The commission must make a decision within one hundred twenty days of
20 receipt of a complete application. If the commission fails to make a
21 decision within one hundred twenty days, the development shall be deemed
22 to be approved by the commission, unless extended by mutual agreement of
23 the applicant and commission.
24 Within thirty days of the COMPLETE application being received, the
25 commission shall provide the applicant and any other interested party an
26 opportunity to be heard. Notice of any public hearing conducted in
27 connection with an application for such a permit shall be published in a
28 newspaper of general circulation in the Central Pine Barrens area. If
29 the proposed development is not contrary to the policy or any provision
30 of this title and meets the standards of extraordinary hardship or
31 public need herein, and the commission so finds, it may issue a permit
32 allowing the development or such development subject to appropriate
33 conditions or modifications to occur, provided that permission may be
34 revoked by the commission if its terms are violated, and provided
35 further that any such hardship permit issued by the commission shall be
36 in addition to, and not in lieu of, such permit or permits as may be
37 required by any state agency or municipality within whose boundary such
38 development is located. The time within which the commission must decide
39 a [core preservation area hardship] COMPLETE application for which a
40 negative declaration has been made by the commission pursuant to article
41 eight of this chapter is one hundred twenty days from receipt of such
42 application. The time within which the commission must decide a [core
43 preservation area hardship] COMPLETE application for which a positive
44 declaration has been made by the commission pursuant to article eight of
45 this chapter is sixty days from issuance of a findings statement by the
46 commission pursuant to article eight of this chapter. If the commission
47 fails to make a decision within the aforesaid time periods, the develop-
48 ment shall be deemed to be approved by the commission, unless extended
49 by mutual agreement of the applicant and commission.
50 S 3. Paragraph (b) of subdivision 2 of section 57-0123 of the environ-
51 mental conservation law, as added by chapter 145 of the laws of 1996, is
52 amended to read as follows:
53 (b) The commission must make a decision ON A COMPLETE APPLICATION
54 within [one hundred twenty days of the receipt of a complete applica-
55 tion] THE TIME PERIOD ESTABLISHED PURSUANT TO SUBDIVISION TEN OF SECTION
56 57-0121 OF THIS TITLE. If the commission fails to make a decision within
A. 5463 3
1 [one hundred twenty days] THE AFORESAID TIME PERIODS, the development
2 shall be deemed to be approved by the commission, unless extended by
3 mutual agreement of the applicant and the commission. [The commission
4 must make a decision within one hundred twenty days of asserting juris-
5 diction over a project that is before the commission based on the peti-
6 tion by a commissioner. If the commission fails to make a decision with-
7 in one hundred twenty days of the date of asserting jurisdiction, the
8 development shall be deemed to be approved by the commission, unless
9 extended by mutual agreement of the applicant and the commission.] THE
10 AFORESAID TIME PERIOD AND THE PROCESSING AND REVIEW OF AN APPLICATION
11 SHALL BE SUSPENDED BY THE COMMISSION WITH NOTICE TO THE APPLICANT WHERE
12 A PROCEEDING PURSUANT TO SECTION 57-0136 OF THIS TITLE IS PENDING
13 AGAINST THE APPLICANT WITH RESPECT TO THE PROPERTY AT ISSUE OR OTHERWISE
14 ARISING OUT OF THE OWNERSHIP OR USE OF SUCH PROPERTY.
15 S 4. This act shall take effect January 1, 2014 and shall apply to all
16 applications received on and after such effective date.
