[HISTORY: Adopted by the Suffolk County Legislature 5-1-1990 by L.L. No.
12-1990 (Ch. 370 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
A.
This Legislature hereby finds that the County has identified lands
which are to be acquired for open space purposes, which lands are
often subject to intense development pressure.
B.
This Legislature hereby declares that it is inconsistent for one
agency or department of the County to be approving development of
open space lands when another government agency, department or governing
board has set a policy to acquire said lands and that it is imperative
that a uniform procedure be established for the approval of development
permits in such open space lands and to afford potential developers
an opportunity to determine whether the County will take steps to
acquire the lands prior to incurring expenses associated with applying
for development permits.
C.
Therefore, the purpose of this chapter is to establish such uniform
procedures.
As used in this chapter, the following terms shall have the
meanings indicated:
Any land use, construction or action which alters vegetation,
structures, lands, soils, water or any other natural resource on any
open space lands.
The Department of Health Services, Department of Public Works,
Suffolk County Sewer Agency, or the Suffolk County Planning Commission.[1]
The Commissioner of the Suffolk County Department of Environment
and Energy, Division of Real Property Acquisition and Management.[2]
That map prepared by the Suffolk County Planning Department pursuant to § 633-3 of this chapter, which map shall include all parcels approved by the Trustees for acquisition under the Suffolk County Drinking Water Protection Program or Open Space Preservation Program.
The authorization, permission or approval for an activity
issued by an approving authority.
The Board of Trustees of the County Department of Parks,
Recreation and Conservation.
Within 90 days after the effective date of this chapter, the
Suffolk County Department of Planning shall prepare an Open Space
Acquisition Map. Said map shall indicate all parcels approved for
open space acquisition by the Trustees under the Suffolk County Drinking
Water Protection Program or Open Space Preservation Program. In addition,
the County Department of Planning shall compile a list of said parcels
by Tax Map number. The County Department of Planning shall also keep
said map and list current and up-to-date by annually amending said
documents no later than January 31 of each year to reflect the actions
of the Trustees. A copy of said map and list shall be filed with the
County Executive, Clerk of the County Legislature, County Attorney
and the County Commissioners of Real Estate, Health Services and Public
Works.
A.
Duly filed notice by the Commissioners in writing to an approving
authority that the County is in the process of acquiring land located
on the Open Space Acquisition Map authorizes, but does not require,
denial of any permit by an approving authority. Said notice shall
be filed with the landowner and the Clerk of the County Legislature
in addition to all approving authorities.
B.
Said notice shall state that the acquisition process has been commenced.
The Commissioner may only file said notice in the case of parcels
shown on the Open Space Acquisition Map, provided that:
C.
If the landowner receives no offer based on a County appraisal for
the property within four months subsequent to the issuance of the
notice, the bar to the permit provided by this chapter shall lapse.
D.
Nothing contained in this chapter shall be construed to bar the approving
authority from denying an application at any time for any other reason
that would constitute a valid basis for such denial.
E.
The owner of any land located on the Open Space Acquisition Map may
obtain a formal determination by the County Legislature as to whether
the County intends to acquire such land by submitting a written request
to the Clerk of the Legislature. Said determination shall be made
prior to any request for an action by an approving authority. The
Clerk shall immediately advise the Legislature of the request for
said determination and the Legislature shall have 120 days from receipt
of the written request by the Clerk to authorize the acquisition of
the land by the Commissioner.
(1)
If the Legislature fails to act within 120 days, the approving authority
shall thereafter review a subsequent application as it would if the
application were not subject to this chapter, provided that said application
is submitted within eight months subsequent to the Legislature's
failure to act.
(2)
Nothing contained in this chapter shall be construed to limit the
power of the County Legislature or the County at any time to acquire
said land.
F.
The Commissioner shall immediately notify the owner of any land located
on the Open Space Acquisition Map in the event that the acquisition
process is reversed or terminated by the elimination of any funding
authorization or the cancellation of authorization for an appraisal.
In such an event, the approving authority shall thereafter review
a subsequent or renewed application as it would if the application
were not subject to this chapter, provided that said application is
received or submitted within eight months subsequent to such a reversal
or termination.
The provisions of this chapter shall only apply to the County
of Suffolk. This chapter shall not apply to towns, villages, the State
of New York, the federal government or any other non-County governmental
entity.
All County departments, agencies, employees, officers, officials,
contractors and consultants shall fully cooperate with the Suffolk
County Legislature, upon the request of any Legislator, the Legislature
as a whole or an authorized agent thereof, in implementing the provisions
of this chapter.