§ 55-0119 — Local land use regulation within a special groundwater protection area

§ 55-0119. Local land use regulation within a special groundwater\n protection area.\n Any land use regulation enacted by any town or village located within\na special groundwater protection area which includes a definition of\n"open space" must consider the impact of such definition on the water\nquality and/or recharge capabilities of the area. Any such definition of\n"open space" may also consider other purposes of open space, including,\nbut not limited to, protection of habitat, farmland, forest, air\nquality, view shed protection and recreation. Provided however, that any\ndefinition of open space that allows for or includes recreational uses,\nmust provide clear guidance as to which recreational uses, improvements\nor facilities serve the purpose of protecting water quality and/or\nrecharge capabilities. "Land use regulation" shall mean an ordinance or\nlocal law enacted by a municipality with responsibility for zoning and\nincludes any zoning, subdivision, special use permit or site plan\nregulation or any other regulation which prescribes the appropriate use\nof property, or scale, location and intensity of development.\n