This bill has been amended

Bill S7289-2011

Establishes the enterprise park at Calverton revitalization commission

Establishes the Enterprise Park at Calverton Reuse and Revitalization District to promote the redevelopment of the EPCAL site in the town of Riverhead, county of Suffolk.

Details

Actions

  • May 22, 2012: ADVANCED TO THIRD READING
  • May 21, 2012: 2ND REPORT CAL.
  • May 16, 2012: 1ST REPORT CAL.839
  • May 2, 2012: REFERRED TO LOCAL GOVERNMENT

Meetings

Votes

VOTE: COMMITTEE VOTE: - Local Government - May 16, 2012
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein

Memo

BILL NUMBER:S7289

TITLE OF BILL: An act to amend the general municipal law, in relation to establishing the enterprise park at Calverton revitalization commission

PURPOSE: To promote the expeditious and orderly conversion and redevelopment of the Calverton Enterprise Park in Riverhead, Suffolk County (EPCAL).

SUMMARY OF PROVISIONS: Adds a new section 680-cc to the General Municipal Law by creating the Enterprise Park at Calverton Revitalization Commission consisting of 7 voting members made up of the five members of the Riverhead Town Board and one member appointed by the Governor and one member appointed by the Suffolk County executive. There shall be two nonvoting members chosen by the foregoing who shall be from a civic, protective or service association within the Town of Riverhead. A chairperson shall be selected by the commission members.

The Commission shall have the power to implement the Enterprise Park at Calverton Reuse and Revitalization Plan, which shall be adopted, with appropriate zoning, by the Town of Riverhead as a master plan for EPCAL. The Commission will make applications for subdivision, site and other development permits, licenses and approvals to the appropriate county, state and federal government agencies and the issued permits, licenses and approvals will inure to and for the benefit of and be binding on any subsequent person leasing, acquiring or building on EPCAL property. An applicant for development in EPCAL shall apply to the commission and if the application shall be consistent with the revitalization plan and within the issued approvals the commission will approve the application within 90 days and refer the matter to the town building department. If the proposal does not fall within the issued approvals then a further application must be made to the appropriate county, state or federal authority for modification, alteration or exception of the issued permit, license or approval. If there is a subsequent order by the county, state or federal agency granting a modification, alteration or exception, then the Commission will approve and refer to the building department.

JUSTIFICATION: This legislation will facilitate the reuse of EPCAL as provided for in the conveyance of the property by the navy and articulated in the comprehensive reuse and revitalization plan. It provides incentives to attract private businesses to locate and expand insures consistency with existing law and achieves economic growth for the region.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 7289 A. 10072 S E N A T E - A S S E M B L Y May 2, 2012 ___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. THIELE, LOSQUADRO, MURRAY -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to establishing the enterprise park at Calverton revitalization commission THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and intent. The former Calverton Naval Weapons Industrial Reserve Plant in the town of Riverhead, county of Suffolk (hereinafter "EPCAL"), was formerly owned by the Navy and leased by the Grumman Corporation. In 1998, Northrop Grumman closed nearly all facilities located on Long Island and chose not to renew its lease for the EPCAL site causing economic dislocation and unemployment for resi- dents of the town of Riverhead and the surrounding region. The Navy conveyed 2900 acres to the town of Riverhead Community Development Agen- cy ("CDA") for no consideration conditioned upon the town's reuse of the property for economic development. In 2011, the town and CDA re-dedicated their efforts and invested significant funds to update, develop and implement a reuse and revitali- zation plan to meet the current economic, market and site conditions. The town and CDA, with the assistance of a firm with expertise in plan- ning and environmental analysis for large scale revitalization and development projects, updated the real estate market study; retained experts in the field of engineering, survey and topographical analysis; retained experts in the fields of sewer and water; and met with state, regional and local departments, agencies and special interest groups to identify, address, remedy or mitigate all concerns and potential adverse impacts related to the town and CDA's goal of economic development at the EPCAL site. The comprehensive and extensive analysis of economic, market, environmental, traffic, sewer, water, and myriad other factors, together with participation of state, regional, local departments, agen-
cies, and special interest groups, including but not limited to New York state department of transportation, New York state department of envi- ronmental conservation, Suffolk county planning and public works depart- ments, town of Riverhead planning, engineering, water and sewer depart- ments resulted in a reuse and revitalization plan that meets the economic and urban renewal goals of the original conveyance and will assist the state, county, and town to recapture employment opportunities for this region and potential investment and growth It is the purpose of this act to promote the expeditious and orderly conversion and redevelopment of EPCAL for uses including, but not limit- ed to, housing, industrial, institutional, educational, governmental, recreational, conservational, commercial or manufacturing uses, in order to prevent further blight, economic dislocation and additional unemploy- ment, and to aid in strengthening the New York state economy, the regional economy and the economy of the town of Riverhead. It is also the purpose of this act to provide an interim governmental structure for EPCAL which will assume specified local authority and duties, in recog- nition of the state and local partnership necessary for the successful redevelopment of EPCAL, and the duty of the town of Riverhead in this regard to consider local and regional interests. S 2. Title 116 of article 15-B of the general municipal law is amended by adding a new section 680-cc to read as follows: S 680-CC. ENTERPRISE PARK AT CALVERTON REVITALIZATION COMMISSION. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS: A. "COMMISSION" SHALL MEAN THE ENTERPRISE PARK AT CALVERTON REVITALI- ZATION COMMISSION ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION. B. "ENTERPRISE PARK AT CALVERTON REVITALIZATION DISTRICT" OR "EPCAL" SHALL MEAN THE REGIONAL DEVELOPMENT ZONE CREATED BY THIS SECTION, INCLUDING ALL EASEMENTS, RESERVATIONS AND RIGHTS APPURTENANT THERETO, AND ALL BUILDINGS, STRUCTURES, UTILITIES AND IMPROVEMENTS LOCATED THERE- ON COMPRISING ALL OR A PORTION OF THE FORMER NORTHROP GRUMMAN FACILITY AND FORMERLY WITHIN THE OWNERSHIP, CONTROL AND JURISDICTION OF THE UNITED STATES GOVERNMENT. THE BOUNDARIES OF WHICH INCLUDE ALL THE LAND AREA OF EPCAL MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT CALVERTON, TOWN OF RIVERHEAD, COUNTY OF SUFFOLK, STATE OF NEW YORK AS SHOWN ON A SURVEY PREPARED BY L.K. MCLEAN ASSOCIATES, P.C. DATED OCTOBER TWENTY-FIRST, TWO THOUSAND ELEVEN. SAID PARCEL BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FORMED BY THE INTERSECTION OF THE WESTERLY BOUND- ARY LINE OF PECONIC AVENUE (NOT-OPEN), AND THE NORTHERLY BOUNDARY LINE OF GRUMMAN BOULEVARD (RIVER ROAD); SAID POINT OF BEGINNING BEING AT COORDINATES N. 271,175.86, E. 1,326,712.70 IN THE NEW YORK STATE PLANE COORDINATE SYSTEM, LONG ISLAND ZONE, NAD 1983. THENCE FROM SAID POINT OF BEGINNING WESTERLY ALONG SAID NORTHERLY BOUND- ARY LINE OF GRUMMAN BOULEVARD (RIVER ROAD), THE FOLLOWING TEN (10) COURSES AND DISTANCES; I. NORTH 69° 21' 24" WEST, A DISTANCE OF 3.10 FEET TO A POINT, THENCE II. NORTH 84° 02' 24" WEST, A DISTANCE OF 616.74 FEET TO A POINT, THENCE III. SOUTH 87° 05' 16" WEST, A DISTANCE OF 602.20 FEET TO A POINT, THENCE
IV. SOUTH 85° 37' 16" WEST, A DISTANCE OF 313.16 FEET TO A POINT OF CURVATURE, THENCE V. WESTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 614.17 FEET, AN ARC LENGTH OF 99.78 FEET TO A POINT OF TANGEN- CY, THENCE VI. NORTH 85° 04' 14" WEST, A DISTANCE OF 732.38 FEET TO A POINT, THENCE VII. NORTH 71° 24' 04" WEST, A DISTANCE OF 91.27 FEET TO A POINT, THENCE VIII. NORTH 71° 22' 44" WEST, A DISTANCE OF 418.08 FEET TO A POINT, THENCE IX. SOUTH 69° 37' 16" WEST, A DISTANCE OF 674.80 FEET TO A POINT, THENCE X. NORTH 62° 22' 44" WEST, A DISTANCE OF 43.38 FEET TO A POINT FORMED BY THE INTERSECTION OF THE AFOREMENTIONED NORTHERLY BOUNDARY LINE OF GRUMMAN BOULEVARD (RIVER ROAD) AND THE EASTERLY BOUNDARY LINE OF THE WELLS FAMILY CEMETERY; THENCE ALONG SAID BOUNDARY LINE OF THE WELLS FAMILY CEMETERY, THE FOLLOWING TWO COURSES AND DISTANCES; I. NORTH 2° 22' 14" WEST, A DISTANCE OF 286.12 FEET TO A POINT, THENCE II. SOUTH 85° 20' 16" WEST, A DISTANCE OF 90.00 FEET TO A POINT FORMED BY THE INTERSECTION OF THE NORTHERLY BOUNDARY LINE OF THE WELLS FAMILY CEMETERY AND THE EASTERLY BOUNDARY LINE OF LANDS OF THE UNITED STATES OF AMERICA (NAVY PARCEL "B"); THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY LINE OF LANDS OF THE UNITED STATES OF AMERICA (NAVY PARCEL "B") THE FOLLOWING THREE COURSES AND DISTANCES; I. NORTH 4° 39' 44" WEST, A DISTANCE OF 114.29 FEET TO A POINT, THENCE II. NORTH 66° 46' 00" WEST, A DISTANCE OF 1108.62 FEET TO A POINT, THENCE III. NORTH 53° 05' 17" WEST, A DISTANCE OF 66.28 FEET TO A POINT FORMED BY THE INTERSECTION OF THE EASTERLY BOUNDARY LINE OF LANDS OF THE UNITED STATES OF AMERICA (NAVY PARCEL "B") AND THE SOUTHERLY BOUNDARY OF MAP OF CALVERTON CAMELOT II, FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE MARCH 9, 2007 AS MAP NO. 11500; THENCE ALONG THE BOUNDARY OF SAID MAP OF CALVERTON CAMELOT II, THE FOLLOWING NINE COURSES AND DISTANCES; I. SOUTH 89° 01' 31" EAST, A DISTANCE OF 1480.82 FEET TO A POINT, THENCE II. NORTH 69° 37' 16" EAST, A DISTANCE OF 318.93 FEET TO A POINT, THENCE III. NORTH 49° 39' 50" WEST, A DISTANCE OF 8453.30 FEET TO A POINT, THENCE IV. SOUTH 40° 20' 10" WEST, A DISTANCE OF 3321.67 FEET TO A POINT, THENCE V. SOUTH 4° 05' 28" EAST, A DISTANCE OF 2564.03 FEET TO A POINT, THENCE VI. NORTH 90° 00' 00" EAST, A DISTANCE OF 330.33 FEET TO A POINT, THENCE VII. SOUTH 30° 00' 00" EAST, A DISTANCE OF 318.71 FEET TO A POINT, THENCE VIII. NORTH 82° 58' 57" EAST, A DISTANCE OF 1633.67 FEET TO A POINT OF CURVATURE, THENCE IX. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 3,634.79 FEET, AN ARC LENGTH OF 400.24, TO A POINT ON THE
WESTERLY BOUNDARY LINE OF BURMAN BOULEVARD, SAID CURVE HAVING A CHORD BEARING OF NORTH 86° 08' 14" EAST AND CHORD DISTANCE OF 400.04 FEET; THENCE SOUTH 4° 07' 36" EAST ALONG SAID WESTERLY BOUNDARY OF BURMAN BOULEVARD, A DISTANCE OF 721.60 FEET TO A POINT FORMED BY THE INTER- SECTION OF THE WESTERLY BOUNDARY LINE OF BURMAN BOULEVARD AND THE NORTH- ERLY BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN POND ROAD); THENCE ALONG SAID NORTHERLY BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN POND ROAD) THE FOLLOWING TWO COURSES AND DISTANCES; I. WESTERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 2,914.79 FEET, AN ARC TO A POINT OF TANGENCY, SAID CURVE HAVING A CHORD BEARING OF SOUTH 86° 33' 36" WEST AND CHORD DISTANCE OF 363.75 FEET, THENCE II. SOUTH 82° 58' 57" WEST, A DISTANCE OF 1069.85 FEET TO A POINT FORMED BY THE INTERSECTION OF THE NORTHERLY BOUNDARY OF GRUMMAN BOULE- VARD (SWAN POND ROAD) AND THE EASTERLY BOUNDARY LINE OF LANDS OF THE UNITED STATES OF AMERICA (NAVY PARCEL "A"); THENCE ALONG SAID LANDS OF THE UNITED STATES OF AMERICA (NAVY PARCEL "A") THE FOLLOWING FIVE (5) COURSES AND DISTANCES; I. NORTH 4° 20' 00" WEST, A DISTANCE OF 525.31 FEET TO A POINT, THENCE II. NORTH 90° 00' 00" WEST, A DISTANCE OF 560.57 FEET TO POINT, THENCE III. NORTH 30° 00' 00" WEST, A DISTANCE OF 436.40 FEET TO A POINT, THENCE IV. NORTH 90° 00' 00" WEST, A DISTANCE OF 790.00 FEET TO A POINT, THENCE V. SOUTH 0' 00' 00" WEST, A DISTANCE OF 1099.72 FEET TO A POINT FORMED BY THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF SAID LANDS OF THE UNITED STATES OF AMERICA (NAVY PARCEL "A") AND THE NORTHERLY BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN POND ROAD); THENCE ALONG SAID NORTHERLY BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN POND ROAD) THE FOLLOWING EIGHT COURSES AND DISTANCES; I. SOUTH 82° 58' 57" WEST, A DISTANCE OF 243.60 FEET TO A POINT OF CURVATURE, THENCE II. WESTERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 11,509.16 FEET, AN ARC LENGTH OF 176.33 FEET TO A POINT OF TANGENCY, SAID CURVE HAVING A CHORD BEARING OF SOUTH 82° 32' 37" WEST AND CHORD DISTANCE OF 176.33 FEET THENCE III. SOUTH 82° 06' 17" WEST, A DISTANCE OF 2226.10 FEET TO A POINT OF CURVATURE, THENCE IV. WESTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 2,241.83 FEET, AN ARC LENGTH OF 504.77 FEET TO A POINT OF TANGENCY, SAID CURVE HAVING A CHORD BEARING OF SOUTH 88° 33' 18" WEST AND CHORD DISTANCE OF 503.70 FEET, THENCE V. NORTH 84° 59' 41" WEST, A DISTANCE OF 2,524.17 FEET TO A POINT OF CURVATURE, THENCE VI. WESTERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 2,341.83 FEET, AN ARC LENGTH OF 215.04 FEET, TO A POINT OF TANGENCY, SAID CURVE HAVING A CHORD BEARING OF NORTH 87° 37' 31" WEST AND CHORD DISTANCE OF 214.96 FEET, THENCE VII. SOUTH 89° 44' 39" WEST, A DISTANCE OF 974.35 FEET TO A POINT, THENCE VIII. NORTH 48° 03' 55" WEST, A DISTANCE OF 107.56 FEET TO A POINT FORMED BY THE INTERSECTION OF SAID NORTHERLY BOUNDARY LINE OF GRUMMAN BOULEVARD (SWAN POND ROAD) AND THE EASTERLY BOUNDARY LINE OF WADING RIVER - MANORVILLE ROAD (C.R. 25); THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY LINE OF WADING RIVER - MANORVILLE ROAD (C.R. 25) THE FOLLOWING FIVE COURSES AND DISTANCES;
I. NORTH 5° 25' 40" WEST, A DISTANCE OF 730.69 FEET TO A POINT OF CURVATURE, THENCE II. NORTHERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 868.51 FEET, AN ARC LENGTH OF 317.24 FEET TO A POINT, SAID CURVE HAVING A CHORD BEARING OF NORTH 15° 53' 32" WEST AND CHORD DISTANCE OF 315.48 FEET, THENCE III. NORTH 6° 15' 09" WEST, A DISTANCE OF 124.46 FEET TO A POINT, THENCE IV. NORTH 32° 55' 09" WEST, A DISTANCE OF 97.96 FEET TO A POINT, THENCE V. NORTH 59° 52' 49" WEST, A DISTANCE OF 289.20 FEET TO A POINT FORMED BY THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF LANDS OF HENRY ZEBROWSKI AND THE EASTERLY BOUNDARY LINE OF WADING RIVER MANORVILLE ROAD (C.R. 25); THENCE NORTH 30° 07' 11" EAST ALONG SAID SOUTHERLY BOUNDARY LINE OF LANDS OF HENRY ZEBROWSKI, A DISTANCE OF 200.00 FEET TO A POINT, THENCE NORTH 59° 52' 49" WEST ALONG THE EASTERLY BOUNDARY LINE OF LANDS OF HENRY ZEBROWSKI AND THEN ALONG LANDS OF BRIDGETTE LYNN ASSOCIATES, INC., A DISTANCE OF 354.90 FEET TO A POINT, THENCE SOUTH 30° 07' 11" WEST ALONG THE NORTHERLY BOUNDARY LINE OF LANDS OF BRIDGETTE LYNN ASSOCIATES, INC. A DISTANCE OF 192.28 FEET TO A POINT FORMED BY SAID NORTHERLY BOUNDARY LINE OF LANDS OF BRIDGETTE LYNN ASSO- CIATES, INC. AND THE EASTERLY BOUNDARY LINE OF WADING RIVER - MANORVILLE ROAD (C.R. 25); THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY LINE OF WADING RIVER - MANORVILLE ROAD (C.R. 25) THE FOLLOWING TWO COURSES AND DISTANCES; I. NORTHERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 904.93 FEET, AN ARC LENGTH OF 576.68 FEET TO A POINT OF TANGENCY, SAID CURVE HAVING A CHORD BEARING OF NORTH 34° 06' 33" WEST AND CHORD DISTANCE OF 566.98 FEET THENCE II. NORTH 15° 51' 10" WEST, A DISTANCE OF 1320.93 FEET TO A POINT FORMED BY THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25) AND THE EASTERLY BOUNDARY LINE OF THE AFOREMENTIONED WADING RIVER - MANORVILLE ROAD (C.R. 25); THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25) THE FOLLOWING NINE (9) COURSES AND DISTANCES; I. NORTH 53° 57' 26" EAST, A DISTANCE OF 153.37 FEET TO A POINT OF CURVATURE, THENCE II. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 5,769.65 FEET, AN ARC LENGTH OF 407.82 FEET TO A POINT OF TANGENCY, THENCE III. NORTH 49° 54' 26" EAST, A DISTANCE OF 41.47 FEET TO A POINT, THENCE IV. SOUTH 40° 05' 34" EAST, A DISTANCE OF 85.30 FEET TO A POINT, THENCE V. NORTH 49° 54' 26" EAST, A DISTANCE OF 147.64 FEET TO A POINT, THENCE VI. NORTH 40° 05' 34" WEST, A DISTANCE OF 85.30 FEET TO A POINT, THENCE VII. NORTH 49° 54' 26" EAST, A DISTANCE OF 690.89 FEET TO A POINT OF CURVATURE, THENCE VIII. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 1,392.69 FEET, AN ARC FEET TO A POINT OF TANGENCY, THENCE IX. NORTH 60° 22' 23" EAST, A DISTANCE OF 1935.68 FEET TO A POINT FORMED BY THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF LANDS OF
ISLAND WATER PARK CORP. AND THE AFOREMENTIONED SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25); THENCE ALONG SAID BOUNDARY LINE OF LANDS OF ISLAND WATER PARK CORP. THE FOLLOWING SEVEN COURSES AND DISTANCES; I. SOUTH 6° 07' 37" EAST, A DISTANCE OF 1100.62 FEET TO A POINT, THENCE II. SOUTH 8° 18' 58" EAST, A DISTANCE OF 1088.48 FEET TO A POINT, THENCE III. SOUTH 6° 06' 42" EAST, A DISTANCE OF 1143.05 FEET TO A POINT, THENCE IV. SOUTH 84° 59' 41" EAST, A DISTANCE OF 815.30 FEET TO A POINT, THENCE V. NORTH 6° 06' 42" WEST, A DISTANCE OF 2222.50 FEET TO A POINT, THENCE VI. NORTH 84° 59' 41" WEST, A DISTANCE OF 832.48 FEET TO A POINT, THENCE VII. NORTH 6° 07' 37" WEST, A DISTANCE OF 1116.41 FEET TO A POINT FORMED BY THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25) AND THE EASTERLY BOUNDARY LINE OF SAID LANDS OF ISLAND WATER PARK CORP; THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25) THE FOLLOWING THREE COURSES AND DISTANCES; I. NORTH 60° 22' 23" EAST, A DISTANCE OF 407.76 FEET TO A POINT OF CURVATURE, THENCE II. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 5689.65 FEET, AN ARC LENGTH OF 304.56 FEET TO A POINT OF TANGENCY, THENCE III. NORTH 63° 26' 24" EAST, A DISTANCE OF 307.82 FEET TO A POINT FORMED BY THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25) AND THE WESTERLY BOUNDARY LINE OF LANDS OF THE RIVERHEAD WATER DISTRICT, THENCE ALONG SAID BOUNDARY LINES OF LANDS OF THE RIVERHEAD WATER DISTRICT, THE FOLLOWING THREE COURSES AND DISTANCES; I. SOUTH 6° 32' 47" EAST, A DISTANCE OF 304.98 FEET TO A POINT, THENCE II. NORTH 83° 27' 13" EAST, A DISTANCE OF 465.80 FEET TO A POINT, THENCE III. NORTH 6° 32' 47" WEST, A DISTANCE OF 434.49 FEET TO A POINT FORMED BY THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25) AND THE EASTERLY BOUNDARY LINE OF SAID LANDS OF THE RIVERHEAD WATER DISTRICT; THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25) THE FOLLOWING ELEVEN COURSES AND DISTANCES; I. NORTH 70° 28' 19" EAST, A DISTANCE OF 704.60 FEET TO A POINT OF CURVATURE, THENCE II. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 5,769.65 FEET, AN ARC TO A POINT OF TANGENCY, THENCE III. NORTH 62° 56' 21" EAST, A DISTANCE OF 537.40 FEET TO A POINT OF CURVATURE, THENCE IV. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 1870.08 FEET, AN ARC LENGTH OF 273.06 FEET TO A POINT OF TANGENCY, THENCE V. NORTH 71° 18' 19" EAST, A DISTANCE OF 484.30 FEET TO A POINT OF CURVATURE, THENCE VI. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 5,689.65 FEET, AN ARC LENGTH OF 334.34 FEET TO A POINT OF TANGENCY, THENCE
VII. NORTH 74° 40' 19" EAST, A DISTANCE OF 2552.80 FEET TO A POINT OF CURVATURE, THENCE VIII. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 5,689.65 FEET, AN ARC LENGTH OF 622.32 FEET TO A POINT OF TANGENCY, THENCE IX. NORTH 80° 56' 20" EAST, A DISTANCE OF 1395.90 FEET TO A POINT OF CURVATURE, THENCE X. EASTERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 11,499.19 FEET, AN ARC LENGTH OF 525.22 FEET TO A POINT OF TANGENCY, THENCE XI. NORTH 80° 10' 09" EAST, A DISTANCE OF 155.88 FEET TO A POINT FORMED BY THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF LANDS OF THE STATE OF NEW YORK AND THE SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25); THENCE ALONG SAID BOUNDARY LINE OF LANDS OF THE NEW YORK STATE THE FOLLOWING THREE COURSES AND DISTANCES; I. SOUTH 13° 18' 00" EAST, A DISTANCE OF 2246.37 FEET TO A POINT, THENCE II. SOUTH 90° 00' 00" EAST, A DISTANCE OF 970.64 FEET TO A POINT, THENCE III. NORTH 13° 18' 00" WEST, A DISTANCE OF 2333.65 FEET TO A POINT FORMED BY THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25) AND LANDS OF THE STATE OF NEW YORK; THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY LINE OF MIDDLE COUNTRY ROAD (N.Y.S. RT. 25) THE FOLLOWING TWO COURSES AND DISTANCES; I. NORTH 88° 00' 13" EAST, A DISTANCE OF 1015.57 FEET TO A POINT, THENCE II. NORTH 88° 34' 37" EAST, A DISTANCE OF 1511.20 FEET TO A POINT ON THE WESTERLY BOUNDARY OF LOT 6 AS SHOWN ON MAP OF JAMES H. SMITH'S FARM, FILED WITH THE SUFFOLK COUNTY CLERK'S OFFICE ON DECEMBER 15, 1894 AS FILE NO. 491; THENCE SOUTH 5° 43' 17" EAST ALONG THE WESTERLY BOUNDARY LINE OF LOT 6 AS SHOWN ON SAID MAP OF JAMES H. SMITH'S FARM, A DISTANCE OF 2164.07 FEET TO A POINT; THENCE NORTH 86° 48' 00" EAST ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 6 AND THROUGH LOT 7 AS SHOWN ON SAID MAP OF JAMES H. SMITH'S FARM, OF A DISTANCE OF 321.08 FEET TO A POINT; THENCE SOUTH 6° 34' 40" EAST ALONG THE WESTERLY BOUNDARY OF LOT 7 AS SHOWN ON SAID MAP OF JAMES H. SMITH'S FARM, A DISTANCE OF 503.88 FEET TO A POINT; THENCE NORTH 83° 46' 40" EAST THROUGH LOTS 7, 8, 9, 10 & 11 AS SHOWN ON SAID FILED MAP AND CONTINUING THROUGH THE SOUTHERLY BOUNDARY OF LOT 1 AS SHOWN ON "MAP OF PROPERTY OF EDWIN BROWN" FILED WITH THE SUFFOLK COUNTY CLERK'S OFFICE ON MARCH 21, 1920 AS FILE NO. 761, A DISTANCE OF 1628.84 FEET TO THE SOUTHERLY BOUNDARY LINE OF LOT 2 AND THE NORTHERLY BOUNDARY LINE OF LOT 5 AS SHOWN ON THE AFOREMENTIONED FILED MAP; THENCE ALONG THE BOUNDARY LINES OF LOT 5 AS SHOWN ON SAID "MAP OF PROP- ERTY OF EDWIN BROWN" THE FOLLOWING FOUR COURSES AND DISTANCES; I. SOUTH 6° 14' 40" EAST, A DISTANCE OF 1656.83 FEET TO A POINT, THENCE II. SOUTH 83° 36' 20" WEST, A DISTANCE OF 265.45 FEET TO A POINT, THENCE III. SOUTH 6° 24' 00" EAST, A DISTANCE OF 499.92 FEET TO A POINT, THENCE IV. NORTH 83° 21' 52" EAST, A DISTANCE OF 1721.36 FEET TO A POINT FORMED BY THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF LOT 5 AS
SHOWN ON SAID "MAP OF PROPERTY OF EDWIN BROWN" AND THE WESTERLY BOUNDARY LINE OF PECONIC AVENUE (NOT OPEN); THENCE ALONG THE WESTERLY BOUNDARY LINE OF PECONIC AVENUE (NOT OPEN) THE FOLLOWING FIVE COURSES AND DISTANCES; I. SOUTH 6° 04' 58" EAST, A DISTANCE OF 2077.59 FEET TO A POINT, THENCE II. SOUTH 13° 07' 16" WEST, A DISTANCE OF 77.19 FEET TO A POINT, THENCE III. SOUTH 5° 57' 48" EAST, A DISTANCE OF 639.29 FEET TO A POINT, THENCE IV. SOUTH 6° 35' 47" EAST, A DISTANCE OF 657.42 FEET TO A POINT, THENCE V. SOUTH 6° 02' 13" EAST, A DISTANCE OF 744.57 FEET TO THE POINT OR PLACE OF BEGINNING. SAID PARCEL CONTAINING 92,535,335± SQUARE FEET OR 2,124.319± ACRES MORE OR LESS. C. "REUSE AND REVITALIZATION PLAN" SHALL MEAN THE PLAN FOR THE REUSE OF EPCAL PREPARED BY THE TOWN OF RIVERHEAD AND TOWN OF RIVERHEAD COMMU- NITY DEVELOPMENT AGENCY. 2. ESTABLISHMENT OF COMMISSION. THERE IS HEREBY ESTABLISHED AN ENTER- PRISE PARK AT CALVERTON REVITALIZATION COMMISSION. THE COMMISSION SHALL BE A BODY CORPORATE AND POLITIC. A. THE COMMISSION SHALL CONSIST OF SEVEN MEMBERS: FIVE MEMBERS OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD; ONE MEMBER APPOINTED BY THE GOVER- NOR WITH EXPERIENCE AND EXPERTISE IN ECONOMIC DEVELOPMENT, ENVIRONMENT, AND PLANNING; ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF SUFFOLK COUNTY WITH EXPERIENCE AND EXPERTISE IN ECONOMIC DEVELOPMENT, PUBLIC WORKS, OR HEALTH SERVICES; AND, TWO EX-OFFICIO, NON-VOTING MEMBERS OF A CIVIC, PROTECTIVE OR SERVICE ASSOCIATION LOCATED IN THE TOWN OF RIVER- HEAD OR PROVIDING SERVICE WITHIN THE TOWN OF RIVERHEAD TO BE SELECTED BY MAJORITY VOTE OF THE MEMBERS IDENTIFIED ABOVE. I. THE INITIAL MEMBERS SHALL BE APPOINTED FOR THE FOLLOWING TERMS: THE MEMBERS OF THE TOWN BOARD SHALL CONTINUE TO SERVE AS MEMBERS OF THE COMMISSION THROUGHOUT THEIR RESPECTIVE TERMS. AN APPOINTMENT TO FILL A VACANCY SHALL BE MADE IN THE IDENTICAL MANNER OF INITIAL APPOINTMENT. IN THE EVENT A VACANCY EXISTS IN THE MEMBERSHIP OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD THEN THE MAJORITY OF MEMBERS OF THE TOWN BOARD MAY VOTE TO APPOINT A MEMBER OF THE COMMISSION UNTIL SUCH TIME AS THE VACAN- CY IS FILLED BY APPOINTMENT OR ELECTION. II. A MAJORITY OF THE VOTING MEMBERS OF THE COMMISSION SHALL CONSTI- TUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE OF ANY POWER OR FUNCTION OF THE COMMISSION. AN ACT, DETERMINATION OR DECISION OF THE MAJORITY OF MEMBERS PRESENT AND ENTITLED TO VOTE DURING THE PRES- ENCE OF A QUORUM SHALL BE HELD TO BE THE ACT, DETERMINATION OR DECISION OF THE COMMISSION. III. THE COMMISSION SHALL APPOINT A CHAIRPERSON OF THE COMMISSION TO SERVE FOR A TWO YEAR PERIOD. ALL MEMBERS OF THE COMMISSION, INCLUDING THE CHAIRPERSON, SHALL SERVE WITHOUT COMPENSATION BUT MAY BE REIMBURSED FOR EXPENSES NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES. IV. THE COMMISSION SHALL APPOINT AN EXECUTIVE DIRECTOR AND SUCH OTHER INDIVIDUALS TO ASSIST IN THE ADMINISTRATION OF THE COMMISSION. THE TOWN BOARD OF THE TOWN OF RIVERHEAD SHALL SELECT THE EXECUTIVE DIRECTOR AND ANY STAFF DEEMED NECESSARY BY THE COMMISSION TO ADMINISTER THE PROVISIONS OF THIS ACT, HOWEVER, ALL SUBSEQUENT APPOINTMENTS TO THE POSITIONS CREATED BY THE COMMISSION SHALL BE SUBJECT TO A MAJORITY VOTE OF THE MEMBERS.
3. POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE THE POWER TO: A. ADOPT, AMEND, OR REPEAL SUCH RULES AND REGULATIONS RELATED TO THE INTERNAL MANAGEMENT OF THE COMMISSION CONSISTENT WITH THIS SECTION, AS IT DEEMS NECESSARY TO ADMINISTER THIS SECTION, AND TO DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSE AND POLICIES OF THIS SECTION TO EXERCISE ALL POWERS GRANTED BY LAW. THE REUSE AND REVI- TALIZATION PLAN AND RULES OR REGULATIONS ADOPTED BY THE COMMISSION SHALL BE THE PRINCIPAL MEANS FOR CONTROLLING THE LAND DEVELOPMENT ACTIVITIES WITHIN EPCAL, AND THE REGULATIONS MAY CONTAIN DUTIES OF THE COMMISSION TO BE UNDERTAKEN IN THE EXERCISE OF THE POWER GRANTED BY THIS SECTION. B. THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS CONSISTENT WITH ALL LOCAL, COUNTY, STATE AND FEDERAL LAWS TO ACHIEVE THE GOALS SET FORTH IN THIS SECTION. C. I. THE COMMISSION SHALL MAKE AN OMNIBUS APPLICATION FOR ALL SUBDI- VISIONS OF LAND, CONCEPTUAL DEVELOPMENT PLAN, INCLUDING DESIGNATED OR PERMITTED ZONING USES, DIMENSIONS, LOT AREA, LOT COVERAGE, NECESSARY INFRASTRUCTURE IMPROVEMENTS, INCLUDING SEWER AND WATER, AND SUCH OTHER DEVELOPMENT OR IMPROVEMENTS PROPOSED AND SET FORTH IN THE REUSE AND REVITALIZATION PLAN TO ALL SUCH STATE, REGIONAL AND LOCAL DEPARTMENTS AND AGENCIES HAVING JURISDICTION TO REVIEW, COMMENT, OR APPROVE DEVELOP- MENT PROPOSED WITHIN EPCAL AND SUCH STATE, REGIONAL AND LOCAL DEPART- MENTS AND AGENCIES SHALL NOT UNREASONABLY WITHHOLD, DENY OR DELAY APPROVAL PROVIDED THE OMNIBUS APPLICATION IS CONSISTENT WITH THE REUSE AND REVITALIZATION PLAN AND CONSISTENT WITH ANY APPLICABLE LOCAL, STATE OR FEDERAL LAW OR REGULATION. II. ALL LICENSES, APPROVALS, PERMITS OR DECISIONS ISSUED OR GRANTED AS A RESULT OF SUCH OMNIBUS APPLICATIONS OR PROCEEDINGS SHALL INURE TO THE COMMISSION AND FURTHER INURE TO AND FOR THE BENEFIT OF AND BE BINDING UPON ANY PERSON LEASING, ACQUIRING, CONSTRUCTING, MAINTAINING, USING OR OCCUPYING ANY LANDS IN EPCAL. THE COMMISSION SHALL DISPOSE OF APPLICA- TIONS SUBMITTED FOR DEVELOPMENT OR IMPROVEMENT OF THE PROPERTY AS FOLLOWS: A. IF THE APPLICATION IS CONSISTENT WITH THE PREAPPROVED APPLICATIONS OF THE COMMISSION ISSUED BY THE STATE, REGIONAL AND LOCAL DEPARTMENTS AND AGENCIES, THE COMMISSION AFTER MAKING A DETERMINATION OF CONSISTENCY WITH THE USE AND REVITALIZATION PLAN SHALL REFER THE APPLICATION TO THE TOWN OF RIVERHEAD FOR COMPLIANCE WITH ITS BUILDING CODE. B. IF THE APPLICATION IS NOT CONSISTENT WITH THE PREAPPROVED APPLICA- TIONS OF THE COMMISSION ISSUED BY THE STATE, REGIONAL AND LOCAL DEPART- MENTS AND AGENCIES, THE COMMISSION, AFTER MAKING A DETERMINATION OF CONSISTENCY WITH THE USE AND REVITALIZATION PLAN, SHALL AUTHORIZE A HARDSHIP APPLICATION SEEKING A MODIFICATION, ALTERATION OR EXEMPTION FROM THE APPLICABLE ISSUED LICENSE APPROVAL, PERMIT OR DECISION TO BE FORWARDED TO THE APPROPRIATE STATE, REGIONAL OR LOCAL DEPARTMENT OR AGENCY FOR ACTION. IF A MODIFICATION, ALTERATION OR EXEMPTION IS GRANT- ED, THE COMMISSION SHALL RENDER A DETERMINATION CONSISTENT WITH ALL THE COMMENTS AND DETERMINATIONS AND FORWARD TO THE TOWN OF RIVERHEAD FOR COMPLIANCE WITH ITS BUILDING CODE. D. ENCOURAGE, COOPERATE WITH, AID AND ASSIST THE TOWN OF RIVERHEAD IN THE PREPARATION AND ADOPTION OF ZONING LAWS AND OTHER LOCAL LEGISLATION REGULATING, RESTRICTING OR CONTROLLING USES OF REAL PROPERTY WITHIN EPCAL. THE TOWN OF RIVERHEAD SHALL RETAIN ALL POWERS RELATING TO THE ENACTMENT AND AMENDMENT OF ZONING FOR LANDS WITHIN EPCAL, ENFORCEMENT OF BUILDING AND FIRE CODES FOR ALL DEVELOPMENT PROJECTS AND APPLICATIONS FOR IMPROVEMENT TO PROPERTY WITHIN EPCAL, AND ALL OWNERSHIP RIGHTS TO
LANDS WITHIN EPCAL SUCH THAT TRANSFER OF ANY RIGHT, TITLE OR INTEREST SHALL BE SUBJECT TO APPROVAL OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD. E. MAKE MAPS AND PLANS FOR PROPOSED SUBDIVISIONS, LOTS FOR DEVELOPMENT WITHIN EPCAL CONSISTENT WITH THE ZONING DISTRICTS ADOPTED BY THE TOWN OF RIVERHEAD. F. MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY AND CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS SECTION. G. ESTABLISH AND MAINTAIN SUCH FACILITIES AS MAY BE NECESSARY FOR THE TRANSACTING OF ITS BUSINESS. H. UTILIZE, TO THE EXTENT FEASIBLE, THE STAFF AND FACILITIES OF THE TOWN OF RIVERHEAD, PURSUANT TO AN ALLOCATION TO BE MADE TO THE TOWN BOARD OF THE TOWN OF RIVERHEAD. I. HOLD HEARINGS IN THE EXERCISE OF ITS POWERS, FUNCTIONS, AND DUTIES PROVIDED FOR BY THIS SECTION. J. CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE. K. SUE AND BE SUED IN ITS OWN NAME, PLEAD AND BE IMPLEADED. L. ACQUIRE EASEMENTS AND OTHER INTEREST IN REAL PROPERTY CONTIGUOUS OR ADJACENT TO EPCAL IN CONFORMANCE WITH THE REUSE AND REVITALIZATION PLAN. M. ENFORCE THE REUSE AND REVITALIZATION PLAN, REGULATIONS, POLICIES FOR THE REGULATION OF ITS AFFAIRS AND THE CONDUCT OF ITS BUSINESS. N. ADOPT AND COLLECT REASONABLE FEES, INCLUDING SUBDIVISION, AND PLAN A PROJECT REVIEW FEES, TO DEFRAY ITS OPERATING EXPENDITURES. ANY SUCH FEES SHALL BE IN ADDITION TO ANY APPLICABLE LOCAL, STATE OR FEDERAL FEES. O. RECEIVE FOR THE PURPOSES OF EXERCISING ITS POWERS UNDER THIS ACT ANY FUNDS OR MONEYS FROM ANY SOURCE, INCLUDING GRANTS, BEQUESTS, GIFTS OR CONTRIBUTIONS MADE BY ANY INDIVIDUAL, ASSOCIATION OR CORPORATION, OR BY ANY MUNICIPAL, COUNTY, STATE OR FEDERAL GOVERNMENTS PROVIDED THAT WHENEVER THE TERMS OF SUCH GRANT, BEQUEST, GIFT OR CONTRIBUTION REQUIRE THE GRANTS TO BE A MUNICIPALITY, MUNICIPAL AGENCY OR UNIT OF LOCAL GOVERNMENT, THE COMMISSION SHALL BE SO CONSIDERED. 5. APPLICATIONS FOR DEVELOPMENT WITHIN EPCAL. A. THE COMMISSION SHALL HAVE JURISDICTION TO REVIEW AND APPROVE ALL PROPOSED DEVELOPMENT WITHIN EPCAL AND APPLICATIONS SHALL BE MADE TO THE COMMISSION ON FORMS AND IN SUCH MANNER AS THE COMMISSION SHALL DESIGNATE. B. THE COMMISSION SHALL MAKE A DETERMINATION WITHIN NINETY DAYS OF THE RECEIPT OF A COMPLETE APPLICATION. IF THE COMMISSION FAILS TO MAKE A DECISION WITHIN NINETY DAYS, THE DEVELOPMENT SHALL BE DEEMED TO BE APPROVED BY THE COMMISSION, UNLESS EXTENDED BY MUTUAL AGREEMENT OF THE APPLICANT AND THE COMMISSION. TO THE EXTENT THAT AN ACTION TAKEN IN FURTHERANCE OF THIS ACT IS SUBJECT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW THE COMMISSION SHALL ACT AS LEAD AGENCY. 6. ENTERPRISE PARK AT CALVERTON REUSE AND REVITALIZATION PLAN. A. THE TOWN OF RIVERHEAD SHALL FORMULATE AND ADOPT AFTER PUBLIC HEARING A REUSE AND REVITALIZATION PLAN FOR THE EPCAL SITE THAT IS BASED UPON THE MARKET STUDY, SITE AND SURVEY ANALYSIS, ENVIRONMENTAL AND TRAFFIC REVIEW AND CONSISTENT WITH THE GOAL OF ECONOMIC DEVELOPMENT AND URBAN RENEWAL AND ADOPT SUCH REUSE AND REVITALIZATION PLAN CONSISTENT WITH THE PROCEDURAL REQUIREMENTS OF A COMPREHENSIVE MASTER PLAN WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION. B. THE COMMISSION SHALL DEVELOP CRITERIA, REGULATIONS AND PERMITTING PROCESSES CONSISTENT WITH THE REUSE AND REVITALIZATION PLAN, GENERIC IMPACT STATEMENT, AND ZONING ADOPTED BY THE TOWN OF RIVERHEAD TO EFFEC- TUATE THE GOAL OF ECONOMIC DEVELOPMENT AND URBAN RENEWAL WITHIN ONE
HUNDRED TWENTY DAYS AFTER ADOPTION OF THE REUSE AND REVITALIZATION PLAN OR WITHIN ONE HUNDRED EIGHTY DAYS OF ADOPTION OF THIS SECTION. 7. JUDICIAL REVIEW. ANY PERSON AGGRIEVED BY A FINAL DETERMINATION BY THE COMMISSION UNDER THIS ACT MAY WITHIN THIRTY DAYS FROM THE DATE OF SUCH DETERMINATION SEEK JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE COMMISSION SHALL BE PARTY TO ANY SUCH PROCEEDING. S 3. Severability. The provisions of this act shall be severable and if any portion thereof or the applicability thereof to any person or circumstance shall be held invalid, the remainder of this act and the application thereof shall not be affected thereby. S 4. This act shall take effect immediately.

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