§ 57-0203 — Definitions

New York § 57-0203

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 2: Peconic Bay Region Watershed Protection Act
• Art. 57: Long Island Pine Barrens Maritime Reserve Act

Text

§ 57-0203. Definitions.\n 1. "Study area" shall mean those lands within the Long Island Pine\nBarrens maritime reserve designated by a town for study in order to\nprotect groundwater and surface watersheds within the Peconic estuary\nwatershed.\n 2. "Protection area" shall mean those lands identified by a town for\npreservation and protection in perpetuity after completion of a\ncomprehensive plan amendment and generic environmental impact statement\nin order to protect groundwater and surface watersheds.\n 3. "Town" shall mean the towns of East Hampton, Riverhead, Shelter\nIsland, Southampton, and Southold in the county of Suffolk.\n 4. "Development" shall mean the performance of any building activity\nor mining operation, the making of any material change in the use or\nintensity of use of any structure or land and the creation or\ntermination of rights of access or riparian rights. Without limitation,\nthe following activities or uses shall be taken for the purposes of this\ntitle to involve development as defined in this subdivision:\n (a) a change in type of use of a structure or land or, if a zoning\nordinance divides uses into classes, a change from one class of use\ndesignated in a zoning ordinance to a use in another class so\ndesignated;\n (b) a material increase in the intensity of use of land or\nenvironmental impacts as a result thereof;\n (c) commencement of mining, excavation, or material alteration of\ngrade or vegetation on a parcel of land excluding environmental\nrestoration activities;\n (d) material alteration of a shore, bank, or flood plain of a river,\nstream, lake, pond, or artificial body of water;\n (e) re-establishment of a use which has been abandoned for one year;\nand\n (f) departure from the normal use for which development permission has\nbeen granted, or material failure to comply with the conditions of an\nordinance, rule or order granting the development permission under which\nthe development was commenced or is continued.\n The following operations or uses do not constitute development for the\npurposes of this title:\n (i) public improvements undertaken for the health, safety, or welfare\nof the public. Such public improvements shall be consistent with the\ngoals and objectives of this title, and shall include, but not be\nlimited to, maintenance of an existing road or railroad track;\n (ii) work by any utility not involving substantial engineering\nredesign for the purpose of inspection, maintenance or renewal on\nestablished utility rights-of-way or the likes, and any work pertaining\nto water supply for the residents of Suffolk county;\n (iii) work for the maintenance, renewal, replacement, reconstruction,\nimprovement, or alteration of any existing structure or additions to an\nexisting residence or residential property owned by an association\nformed for the common interest in real property;\n (iv) the use of any structure or land devoted to dwelling uses for any\npurposes customarily incidental and otherwise lawful;\n (v) the use of land for the purpose of agriculture or horticulture;\n (vi) work by a utility performed for the purpose of public health,\nsafety, or welfare and consistent with the goals and objectives of this\ntitle;\n (vii) existing or expanded recreational use consistent with the\npurposes of this title including scouting activities, the maintenance or\nexpansion of facilities associated with or necessary for such scouting\nactivities including, but not limited to, the addition, modification,\nexpansion, or replacement of structures necessary for such activities\nand such clearing as may be reasonably required for the maintenance or\nexpansion of scouting activities; and\n (viii) a change in use of land or structure from a use within a class\nspecified in a zoning ordinance to another use in the same class.\n Development as designated in an ordinance, rule, or development permit\nincludes all other development customarily associated with it unless\notherwise specified.\n 5. "Plan" shall mean a comprehensive management plan prepared by a\ntown to protect groundwater and surface watersheds.\n 6. "Peconic estuary watershed" shall mean the area located on the\neastern end of Long Island, New York, and bordered by Long Island's\nnorth and south forks. The major river discharging freshwater into the\nestuary is the Peconic River. The eastern end of the Peconic estuary\nwatershed is an imaginary line through Block Island Sound between Plum\nIsland and Montauk Point, beyond which lies the open sea. The western\nboundary is at the headwaters of the Peconic River, just west of the\nWilliam Floyd Parkway. The Peconic estuary watershed also includes those\nland areas that contribute groundwater and stormwater runoff to the\nriver and estuary.\n