(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.
Structure New York Laws
ENV - Environmental Conservation
Article 57 - Long Island Pine Barrens Maritime Reserve Act
Title 1 - Long Island Pine Barrens Maritime Reserve Act
57-0103 - Legislative Declaration.
57-0105 - Legislative Findings and Intent.
57-0111 - Long Island Pine Barrens Maritime Reserve Council.
57-0113 - Duties of the Council.
57-0115 - Comprehensive Management Plan.
57-0117 - Dedications to the Long Island Pine Barrens Preserve; Legislative Protection.
57-0119 - Central Pine Barrens Joint Planning and Policy Commission.
57-0121 - Central Pine Barrens Comprehensive Land Use Plan; Interim Regulations.
57-0123 - Implementation of the Central Pine Barrens Comprehensive Land Use Plan.
57-0127 - Cooperation of State and Municipal Agencies.
57-0129 - Acceptance of Monies.
57-0133 - Affect on Other Laws.