New York Laws
Title 1 - Long Island Pine Barrens Maritime Reserve Act
57-0123 - Implementation of the Central Pine Barrens Comprehensive Land Use Plan.

(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.