N.Y. Environmental Conservation Law § 57-0205: Plan contents

§ 57-0205. Plan contents.

1. Protection areas. The plan shall provide for protection areas

within the study area that are designed to protect and preserve

watershed functions in the Peconic Bay watershed by:

(a) preserving lands in their natural state;

(b) promoting compatible agricultural, horticultural, and open space

recreational uses;

(c) prohibiting development or redirecting development outside the

protection areas;

(d) accommodating necessary management practices;

(e) protecting the quality of surface waters and groundwaters; and

(f) coordinating and providing for the acquisition of private lands

interests as appropriate and consistent with available funds.

2. Permit provisions for development. (a) Any person, upon a showing

of extraordinary hardship or compelling public need caused by the

provisions of subdivision one of this section, may apply to the town

board for a permit exempting such person from the development

prohibition provided for in subdivision one of this section. Such

application for a permit shall be approved if the applicant satisfies

the standards for either extraordinary hardship or compelling public

need. In the case where a governmental entity is the applicant a permit

may be granted only upon a showing of compelling public need.

(b) Extraordinary hardship shall be deemed to have been met if the

applicant has established, based upon specific facts, that the subject

property does not have any beneficial use if used for its present use or

developed as permitted by the provisions of subdivision one of this

section 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 vicinity; (ii) relate

to or arise out of characteristics of the subject property, rather than

the personal situation of the applicant; or (iii) do not arise out of

the action or inaction of the applicant.

(c) Compelling public need shall be deemed to have been met if:

(i) the proposed development will serve an essential health or safety

need of the town;

(ii) the public benefits from the proposed development would override

the preservation of the protection area;

(iii) that the proposed use is required to serve the existing needs of

the residents; and

(iv) no feasible alternatives exist outside the protection area to

meet the established public need.

(d) A permit for development in the protection area shall also meet

the following additional standards:

(i) the granting of the permit will not be materially detrimental or

injurious to other property or improvements in the protection area in

which the property is located or endanger public safety or result in the

substantial impairment of the resources of the protected area;

(ii) the permit will not be inconsistent with the purposes,

objectives, or general spirit and intent of this title; and

(iii) the permit is the minimum relief necessary.

(e) The town board shall make a decision on such application within

sixty days of the receipt of a complete application for a permit.