Applications for permits under this local law shall be reviewed in accord with and pursuant to the procedures set forth in § 13B-5 through § 13B-14 inclusive, of Chapter 13B of the Code of the Town of Islip, entitled "Environmental Quality Review," also known as "Local Law No. 2 of 1980," which chapter and local law is made a part hereof and incorporated herein by reference.
[Amended 5-28-2008 by L.L. No. 10-2008]
Permits issued by the Department shall be valid
for the term and/or period of time indicated upon the face of the
permit. The expiration dates of permits issued hereunder shall be
determined by the Commissioner of the Department. In no event shall
a permit have any validity upon the expiration of 10 years from the
date of its first issuance.
If the permit application is denied or approved:
A.
Any decision of the Department regarding a permit
application shall be judicially reviewable.
B.
Any owner of land within 100 feet of the applicant's
property may sue to challenge the approval and issuance of a permit.
C.
If the permit is denied or approved with conditions
unacceptable to the applicant after public hearing, the applicant
may appeal to the appropriate court under Article 78 of the Civil
Practice Law and Rules.
Based upon proceedings and the decision of the
court in the event a taking is declared, the Town may, within the
time specified by the court, elect to:
A.
Institute condemnation proceedings to acquire the
applicant's land in fee by purchase at fair market value.
B.
Approve the permit application with lesser restrictions
or conditions.
C.
Invalidate all conditions and the application of this
law to the plaintiff's land and grant a permit without conditions.
The permit applicant or his agent proceeding
with operations approved shall carry on his person or have readily
available the approved permit and show same to any agency or agent
of the Town of Islip whenever requested.
Operations conducted under permit shall be open
to inspection at any time by any agency or agent of Islip Town.
