N.Y. ENV Law § 57-0107 — New York Code / Act ENV / Article 57 / Title 1 / Section 57-0107
Definitions
Status: in_force

§ 57-0107. Definitions.\n  As used in this title, the following terms shall mean and include:\n  1. "Council" shall mean the Long Island Pine Barrens maritime reserve\ncouncil created by section 57-0111 of this title.\n  2. "Long Island Pine Barrens maritime reserve" shall mean the reserve\ncreated pursuant to section 57-0109 of this title.\n  3. "Long Island Pine Barrens preserve" or "preserve" shall mean lands\nwithin the Long Island Pine Barrens Maritime reserve that are critical\nto the protection of the hydrologic and ecologic integrity of the region\nincluding land characterized by the growth of pitch pine, dwarf pine\nand/or scrub oak pine barrens which are dedicated for protection and\nbeneficial public use pursuant to section 57-0117 of this title. Lands\nwhich are not deemed critical may be dedicated pursuant to section\n57-0117 of this title as a protective or buffer zone for other dedicated\nlands, or to otherwise support the management of the preserve.\n  4. "Peconic Bay system" shall mean the series of interconnected bodies\nof surface waters, including Flanders Bay, Great Peconic Bay, Little\nPeconic Bay, Noyack Bay, Shelter Island Sound, Southold Bay, Northwest\nHarbor, Orient Harbor, Gardiners Bay, Napeague Bay, Fort Pond Bay, the\nwestern portion of Block Island Sound, other semi-enclosed bays and\nharbors contiguous thereto, and all of the tidal creeks and freshwater\nstreams that discharge into these interconnected basins.\n  5. "Plan" shall mean the comprehensive management plan created\npursuant to section 57-0115 of this title.\n  6. "Reserve" shall mean a region in which there is a combination of\npublicly and privately owned lands and land uses, within a defined area\nwhere there are traditional cultural patterns including agriculture,\nfinfishing, shellfishing and tourism, which due to their pattern and\nconfiguration, and because of the need for sustained productivity could\nbest be protected and managed through the development of a comprehensive\nmanagement plan around a preserve of protected, publicly owned lands\nand/or privately owned land dedicated for such purposes.\n  7. "Land use plan" shall mean the comprehensive Central Pine Barrens\nland use plan pursuant to section 57-0121 of this title, including the\ngeneric environmental impact statement thereon.\n  8. "Commission" shall mean the Central Pine Barrens Joint Planning and\nPolicy Commission established pursuant to section 57-0119 of this title.\n  9. "Advisory committee" shall mean the Central Pine Barrens advisory\ncommittee to the commission established pursuant to subdivision nine of\nsection 57-0119 of this title.\n  * 10. "Central Pine Barrens area" shall mean the contiguous area as\ndescribed and bounded as follows:\n  Beginning at a point where the southerly side of Route 25A intersects\nthe easterly side of Miller Place Road; thence southward along the\neasterly boundary of Miller Place Road to Helme Avenue; thence southward\nalong the easterly boundary of Helme Avenue to Miller Place-Middle\nIsland Road; thence southward along the easterly boundary of Miller\nPlace-Middle Island Road to Whiskey Road; thence westward along the\nsoutherly boundary of Whiskey Road to Mount Sinai-Coram Road; thence\nsouthward along the easterly boundary of Mount Sinai-Coram Road to\nMiddle Country Road (Route 25); thence westward along the southerly\nboundary of Route 25 to Patchogue-Mount Sinai Road (County Route 83);\nthence southward along the easterly boundary of County Route 83 to\nBicycle Path Drive; thence southeastward along the easterly side of\nBicycle Path Drive to Mt. McKinley Avenue; thence southward along the\neasterly boundary of Mt. McKinley Avenue to Granny Road; thence\nnortheastward along the northerly boundary of Granny Road to Port\nJefferson-Patchogue Road (Route 112); thence southward along the\neasterly boundary of Route 112 to Horse Block Road (County Route 16);\nthence eastward along the northerly boundary of County Route 16 to Maine\nAvenue; thence northward along the westerly boundary of Maine Avenue to\nFire Avenue; thence eastward along the northerly boundary of Fire Avenue\nto John Roe Smith Avenue; thence southward along the easterly boundary\nof John Roe Smith Avenue to Jeff Street; thence eastward along the\nnortherly boundary of Jeff Street to Hagerman Avenue; thence southward\nalong the easterly boundary of Hagerman Avenue to the Long Island\nExpressway (Route 495); thence eastward along the northerly boundary of\nRoute 495 to the westerly side of Yaphank Avenue (County Road 21);\nthence southward along the westerly side of Yaphank Avenue to the south\nside of the Long Island Expressway (Route 495); thence eastward along\nthe southerly side of the Long Island Expressway (Route 495) to the\neasterly side of Yaphank Avenue; thence southward along the easterly\nside of Yaphank Avenue, crossing Sunrise Highway (Route 27) to the south\nside of Montauk Highway (County Road 80); thence southwestward along the\nsouth side of Montauk Highway (County Road 80) to South Country Road;\nthence southward along the easterly side of South Country Road to\nFireplace Neck Road; thence southward along the easterly side of\nFireplace Neck Road to Beaver Dam Road; thence eastward along the\nnortherly side of Beaver Dam Road to the westerly boundary of the\nCarmans River and the lands owned by the United States known as Wertheim\nNational Wildlife Refuge (the "Refuge"); thence generally westerly and\nsoutherly to the waters of Bellport Bay; thence generally easterly\nacross the Bay and northerly along the easterly boundary of the Refuge,\nincluding all lands currently part of the Refuge and any lands which may\nbecome part of the Refuge in the future, to the east side of the\nsouthern terminus of Smith Road; thence northward along the easterly\nside of Smith Road to the southwesterly corner of the property\nidentified as District 200, Section 974.50, Block 1, Lot 11; thence\neastward, northward and westward in a counter-clockwise direction along\nthe southern, eastern and northern boundaries of that property to the\neasterly side of Smith Road; thence northward along the east side of\nSmith Road to Merrick Road; thence northeasterly along the northerly\nside of Merrick Road to the easterly side of Surrey Circle and the\nsouthwest corner of the property identified as District 200, Section\n880, Block 3, Lot 58.1; running thence easterly along the southerly side\nof said lot to the west side of William Floyd Parkway (County Road 46);\nthence northerly along the westerly side of William Floyd Parkway\n(County Road 46), crossing Route 27, to the Long Island Railroad (LIRR);\nthence eastward along the northerly boundary of the Long Island Rail\nRoad tracks 7,500 feet; thence southward 500 feet; thence eastward 525\nfeet to the intersection of North Street and Manor-Yaphank Road; thence\nsouthward along the easterly boundary of Manor-Yaphank Road to\nMoriches-Middle Island Road; thence eastward along the northerly\nboundary of Moriches-Middle Island Road to a point due north of the\neasterly boundary of Cranford Boulevard; thence southward across\nMoriches-Middle Island Road and along the easterly boundary of Cranford\nBoulevard to the south-western corner of the property identified as\nDistrict 200, Section 645, Block 3, Lot 29.1; thence southeastward along\nthe southerly boundary of said property to its intersection with\nproperty identified as District 200, Section 712, Block 9, Lot 1; thence\ngenerally southward along the westerly boundary of said property to its\nintersection with the northerly side of the eastward extension of Grove\nDrive, known as Grove Street; thence southward crossing Grove Street to\nits south side; thence westward along the southerly boundary of the\nGrove Street road extension to the northwestern corner of the property\nidentified as District 200, Section 749, Block 3, Lot 41.1; and\ncomprised of parcels owned by the county of Suffolk and the town of\nBrookhaven; thence southward to the southwestern corner of property\nidentified as District 200, Section 749, Block 3, Lot 43; thence\neastward along the southerly boundary of said property to the west side\nof Lambert Avenue; thence crossing Lambert Avenue to its easterly side;\nthence southward along the easterly boundary of Lambert Avenue to the\nnortherly boundary of the Sunrise Highway Service Road; thence\nnortheastward along the northerly boundary of the Sunrise Highway\nService Road to Barnes Road; thence northward along the westerly\nboundary of Barnes Road to the northeastern corner of property\nidentified as District 200, Section 750, Block 3, Lot 40.2; thence\nwestward along the northerly boundary of said property to the property\nidentified as District 200, Section 713, Block 1, Lot 2; thence westward\nalong the northerly boundary of property identified as District 200,\nSection 713, Block 1, Lot 2 and District 200, Section 713, Block 1, Lot\n1; thence northward along the westerly side of Weeks Avenue to the\nnortheastern corner of property identified as District 200, Section 713,\nBlock 3, Lot 1; thence westward along the northerly boundary of said\nproperty to Michigan Avenue; thence northward along the easterly\nboundary of Michigan Ave to Moriches-Middle Island Road; thence across\nMoriches-Middle Island Road to its north side; thence eastward along the\nnortherly boundary of Moriches-Middle Island Road to Sunrise Highway\n(Route 27); thence eastward along the northerly boundary of Route 27 to\nan old railroad grade (unpaved); thence southeastward along the\nnortherly boundary of the old railroad grade (unpaved) to Old County\nRoad (Route 71); thence eastward along the northerly boundary of Route\n71 to the Long Island Rail Road tracks; thence eastward along the\nnortherly boundary of the Long Island Rail Road tracks to Montauk\nHighway; thence eastward along the northerly boundary of Montauk Highway\nto Route 24; thence northward along the westerly boundary of Route 24 to\nSunrise Highway (Route 27); thence eastward along the northerly boundary\nof Route 27 to Squiretown Road; thence northward along the westerly\nboundary of Squiretown Road to Upper Red Creek Road; thence westward\nalong the southern boundary of Upper Red Creek to Lower Red Creek Road;\nthence southward along the easterly boundary of Lower Red Creek Road to\nHubbard County Park; thence westward along the northern boundary of\nHubbard County Park to Riverhead-Hampton Bays Road (Route 24); thence\nwestward along the southerly boundary of Route 24 to Peconic Avenue;\nthence northward along the westerly boundary of Peconic Avenue to the\nRiverhead-Southampton border; thence westward along the\nRiverhead-Southampton border and the Riverhead-Brookhaven border to the\nForge Road Bridge; thence northward along the westerly boundary of the\nForge Road Bridge to Forge Road; thence northwestward along the westerly\nboundary of Forge Road to the railroad tracks; thence northward along\nthe westerly boundary of Forge Road (unpaved) to the intersection of\nRoute 25 and River Road; thence westward along the southerly boundary of\nRiver Road to Edwards Avenue; thence northward along the westerly\nboundary of Edwards Avenue 3,800 feet; thence westward 4,400 feet to an\nunnamed, unpaved road; thence northward along the westerly boundary of\nthe unnamed, unpaved road 150 feet; thence westward and northwestward\nalong the eastern boundary of the United States Navy/Grumman Aerospace\nCorporation property (as of 1982) up to its intersection with Middle\nCountry Road (Route 25); thence westward along the southerly boundary of\nRoute 25 to the intersection of Route 25 and 25A; thence northeastward,\nwestward, and southwestward along the eastern and northern boundary of\nthe United States Navy/Grumman Aerospace Corporation (as of 1982) and\nlocated immediately east of Route 25A, to its intersection with Route\n25A; thence westward along the southerly boundary of Route 25A to a\npoint due south of the southeast corner of the parcel identified as\nDistrict 200, Section 128, Block 1, lot 3.1; thence northward across\nRoute 25A to its northerly side at the southeast corner of parcel\nidentified as District 200, Section 128, Block 1, Lot 3.1; thence\nnorthward along the easterly side of the property identified as District\n200, Section 128, Block 1, lot 3.1 to its intersection with the\nsoutherly boundary of District 200, Section 128, Block 1, Lot 1; thence\neastward, northward and westward along the southerly, easterly and\nnortherly sides of the parcel identified as District 200, section 128,\nBlock 1, lot 1 to the southeast corner of the parcel identified as\nDistrict 200, Section 82, Block 1, Lot 5.2; thence northward along the\neast side of this parcel to its intersection with the south side of\nNorth Country Road; thence northward crossing North Country Road to its\nnortherly side; thence eastward along the northerly side of North\nCountry Road to the Brookhaven Town-Riverhead Town line; thence in a\ngenerally northwestward direction along said town line to a point in\nWading River Creek with the coordinates 40.96225 latitude and -72.863633\nlongitude; thence westward a distance of approximately 90 feet to the\neasterly side of LILCO Road; thence southward along LILCO Road to its\nintersection with the north side of North Country Road; thence westward\nalong the north side of North Country Road to the southeast corner of\nthe parcel identified as District 200, Section 39, Block 1, Lot 2;\nthence in a northward and westward direction along the easterly and\nnortherly sides of said parcel to its northwest corner; thence northward\nalong the westerly boundary of the parcel identified as District 200,\nSection 83, Block 1, Lot 1.4 to its northwest corner; and the southerly\nshoreline of Long Island Sound thence westward along the northerly side\nof the parcel identified as District 200, Section 39, Block 1, Lot 1.2\nand the southerly extent of Long Island Sound to the northwest corner of\nthe property identified as District 200, Section 39, Block 1, Lot 1.2;\nthence southward along the westerly boundary of said property to North\nCountry Road; thence southward crossing North Country Road to its\nsoutherly side; thence west along the southerly boundary of North\nCountry Road to the northwestern corner of property identified as\nDistrict 200, Section 82, Block 1, Lot 1.1; thence south along the\nwesterly boundary of said property and the westerly boundary of the\nproperty identified as District 200, Section 82, Block 1, Lot 1.2 to the\nnorthwest corner of property identified as District 200, Section 82,\nBlock 1, Lot 5.1; thence southward along the westerly boundary of said\nproperty and along the easterly boundary of property identified as\nDistrict 200, Section 81, Block 1, Lot 14.8 and along the easterly\nboundary of property identified as District 200, Section 105, Block 3,\nLot 1 to the northeast corner of the property identified as District\n200, Section 105, Block 3, Lot 5; thence southward along the easterly\nboundary of said property to the north side of Route 25A; thence\nsouthward crossing Route 25A to its south side; thence westward along\nthe southerly boundary of Route 25A to the point or place of beginning,\nand excluding three distinct areas described as follows: The first area\ndefined as beginning at a point where the westerly side of William Floyd\nParkway (County Road 46) meets northerly side of the Long Island\nRailroad (LIRR); thence westward along the northerly side of the LIRR to\nMoriches-Middle Island Road; thence generally northwestward along the\nnortherly side of Moriches-Middle Island Road to the southerly side of\nLong Island Expressway (Route 495); thence eastward along the southerly\nside of the Long Island Expressway (Route 495) to the westerly side of\nWilliam Floyd Parkway (County Road 46); thence southward along the\nwesterly side of William Floyd Parkway (County Road 46) and containing\nthe subdivision known as RB Industrial Park, to the point or place of\nbeginning and the second area defined as the property described as\nDistrict 200, Section 39, Block 1, Lot 1.1 and the third area defined as\nall parcels of real property identified as follows:\n  district 200, section 749, block 6, lot 24;\n  district 200, section 749, block 6, lot 25;\n  district 200, section 750, block 2, lot 27.1;\n  district 200, section 749, block 6, lot 14;\n  district 200, section 713, block 1, lot 2;\n  district 200, section 750, block 2, lot 38;\n  district 200, section 750, block 2, lot 39;\n  district 200, section 749, block 6, lot 26;\n  district 200, section 749, block 6, lot 22;\n  district 200, section 713, block 3, lot 2.3;\n  district 200, section 713, block 3, lot 2.1;\n  district 200, section 786, block 3, lot 13;\n  district 200, section 786, block 3, lot 14.2;\n  district 200, section 750, block 2, lot 8;\n  district 200, section 749, block 6, lot 13;\n  district 200, section 749, block 6, lot 20.2;\n  district 200, section 786, block 3, lot 7;\n  district 200, section 749, block 6, lot 23.1;\n  district 200, section 749, block 6, lot 20.1;\n  district 200, section 674, block 1, lot 39;\n  district 200, section 749, block 3, lot 15;\n  district 200, section 712, block 9, lot 1;\n  district 200, section 674, block 1, lot 38;\n  district 200, section 750, block 3, lot 40.1;\n  district 200, section 749, block 6, lot 21;\n  district 200, section 674, block 1, lot 35;\n  district 200, section 786, block 3, lot 1.1;\n  district 200, section 749, block 3, lot 43;\n  district 200, section 750, block 3, lot 19.1;\n  district 200, section 750, block 3, lot 19.2;\n  district 200, section 750, block 3, lot 19.3;\n  district 200, section 750, block 3, lot 19.4;\n  district 200, section 750, block 3, lot 19.5;\n  district 200, section 750, block 3, lot 19.6;\n  district 200, section 750, block 3, lot 19.7;\n  district 200, section 750, block 2, lot 7.1;\n  district 200, section 750, block 2, lot 7.2;\n  district 200, section 750, block 2, lot 37;\n  district 200, section 713, block 1, lot 1;\n  district 200, section 786, block 3, lot 3;\n  district 200, section 786, block 3, lot 4;\n  district 200, section 786, block 3, lot 6;\n  district 200, section 786, block 3, lot 1.2;\n  district 200, section 786, block 3, lot 8;\n  district 200, section 750, block 3, lot 25.1;\n  district 200, section 750, block 3, lot 26.1;\n  district 200, section 750, block 3, lot 39.1;\n  district 200, section 750, block 3, lot 6.1;\n  district 200, section 750, block 2, lot 24;\n  district 200, section 750, block 2, lot 35;\n  district 200, section 750, block 2, lot 36.1;\n  district 200, section 750, block 3, lot 42.1;\n  district 200, section 750, block 3, lot 5.1;\n  district 200, section 749, block 7, lot 15;\n  district 200, section 749, block 7, lot 16;\n  district 200, section 786, block 3, lot 9;\n  district 200, section 750, block 3, lot 37.1;\n  district 200, section 749, block 6, lot 10;\n  district 200, section 749, block 6, lot 7;\n  district 200, section 786, block 3, lot 14.1;\n  district 200, section 749, block 6, lot 23.2;\n  district 200, section 749, block 6, lot 11;\n  district 200, section 749, block 6, lot 5;\n  district 200, section 750, block 2, lot 21.1;\n  district 200, section 750, block 3, lot 35.1;\n  district 200, section 750, block 3, lot 35.2;\n  district 200, section 749, block 6, lot 9;\n  district 200, section 749, block 7, lot 18.1;\n  district 200, section 750, block 2, lot 20;\n  district 200, section 750, block 2, lot 22.1;\n  district 200, section 750, block 2, lot 25.2;\n  district 200, section 750, block 2, lot 25.1;\n  district 200, section 750, block 2, lot 33;\n  district 200, section 750, block 3, lot 40.2;\n  district 200, section 750, block 2, lot 23.1;\n  district 200, section 750, block 2, lot 34;\n  district 200, section 750, block 3, lot 41.1;\n  district 200, section 750, block 2, lot 18;\n  district 200, section 749, block 7, lot 14;\n  district 200, section 749, block 7, lot 43;\n  district 200, section 749, block 6, lot 4.4;\n  district 200, section 749, block 6, lot 12.3.\n  * NB Effective until ... (see 58/2018 Pt. CC § 5 for expiration\nprovisions)\n  * 10. "Central Pine Barrens area" shall mean the contiguous area as\ndescribed and bounded as follows:\n  Beginning at a point where the southerly side of Route 25A intersects\nthe easterly side of Miller Place Road; thence southward along the\neasterly boundary of Miller Place Road to Helme Avenue; thence southward\nalong the easterly boundary of Helme Avenue to Miller Place-Middle\nIsland Road; thence southward along the easterly boundary of Miller\nPlace-Middle Island Road to Whiskey Road; thence westward along the\nsoutherly boundary of Whiskey Road to Mount Sinai-Coram Road; thence\nsouthward along the easterly boundary of Mount Sinai-Coram Road to\nMiddle Country Road (Route 25); thence westward along the southerly\nboundary of Route 25 to Patchogue-Mount Sinai Road (County Route 83);\nthence southward along the easterly boundary of County Route 83 to\nBicycle Path Drive; thence southeastward along the easterly side of\nBicycle Path Drive to Mt. McKinley Avenue; thence southward along the\neasterly boundary of Mt. McKinley Avenue to Granny Road; thence\nnortheastward along the northerly boundary of Granny Road to Port\nJefferson-Patchogue Road (Route 112); thence southward along the\neasterly boundary of Route 112 to Horse Block Road (County Route 16);\nthence eastward along the northerly boundary of County Route 16 to Maine\nAvenue; thence northward along the westerly boundary of Maine Avenue to\nFire Avenue; thence eastward along the northerly boundary of Fire Avenue\nto John Roe Smith Avenue; thence southward along the easterly boundary\nof John Roe Smith Avenue to Jeff Street; thence eastward along the\nnortherly boundary of Jeff Street to Hagerman Avenue; thence southward\nalong the easterly boundary of Hagerman Avenue to the Long Island\nExpressway (Route 495); thence eastward along the northerly boundary of\nRoute 495 to the westerly side of Yaphank Avenue (County Road 21);\nthence southward along the westerly side of Yaphank Avenue to the south\nside of the Long Island Expressway (Route 495); thence eastward along\nthe southerly side of the Long Island Expressway (Route 495) to the\neasterly side of Yaphank Avenue; thence southward along the easterly\nside of Yaphank Avenue, crossing Sunrise Highway (Route 27) to the south\nside of Montauk Highway (County Road 80); thence southwestward along the\nsouth side of Montauk Highway (County Road 80) to South Country Road;\nthence southward along the easterly side of South Country Road to\nFireplace Neck Road; thence southward along the easterly side of\nFireplace Neck Road to Beaver Dam Road; thence eastward along the\nnortherly side of Beaver Dam Road to the westerly boundary of the\nCarmans River and the lands owned by the United States known as Wertheim\nNational Wildlife Refuge (the "Refuge"); thence generally westerly and\nsoutherly to the waters of Bellport Bay; thence generally easterly\nacross the Bay and northerly along the easterly boundary of the Refuge,\nincluding all lands currently part of the Refuge and any lands which may\nbecome part of the Refuge in the future, to the east side of the\nsouthern terminus of Smith Road; thence northward along the easterly\nside of Smith Road to the southwesterly corner of the property\nidentified as District 200, Section 974.50, Block 1, Lot 11; thence\neastward, northward and westward in a counter-clockwise direction along\nthe southern, eastern and northern boundaries of that property to the\neasterly side of Smith Road; thence northward along the east side of\nSmith Road to Merrick Road; thence northeasterly along the northerly\nside of Merrick Road to the easterly side of Surrey Circle and the\nsouthwest corner of the property identified as District 200, Section\n880, Block 3, Lot 58.1; running thence easterly along the southerly side\nof said lot to the west side of William Floyd Parkway (County Road 46);\nthence northerly along the westerly side of William Floyd Parkway\n(County Road 46), crossing Route 27, to the Long Island Railroad (LIRR);\nthence eastward along the northerly boundary of the Long Island Rail\nRoad tracks 7,500 feet; thence southward 500 feet; thence eastward 525\nfeet to the intersection of North Street and Manor-Yaphank Road; thence\nsouthward along the easterly boundary of Manor-Yaphank Road to\nMoriches-Middle Island Road; thence eastward along the northerly\nboundary of Moriches-Middle Island Road to Sunrise Highway (Route 27);\nthence eastward along the northerly boundary of Route 27 to an old\nrailroad grade (unpaved); thence southeastward along the northerly\nboundary of the old railroad grade (unpaved) to Old County Road (Route\n71); thence eastward along the northerly boundary of Route 71 to the\nLong Island Rail Road tracks; thence eastward along the northerly\nboundary of the Long Island Rail Road tracks to Montauk Highway; thence\neastward along the northerly boundary of Montauk Highway to Route 24;\nthence northward along the westerly boundary of Route 24 to Sunrise\nHighway (Route 27); thence eastward along the northerly boundary of\nRoute 27 to Squiretown Road; thence northward along the westerly\nboundary of Squiretown Road to Upper Red Creek Road; thence westward\nalong the southern boundary of Upper Red Creek to Lower Red Creek Road;\nthence southward along the easterly boundary of Lower Red Creek Road to\nHubbard County Park; thence westward along the northern boundary of\nHubbard County Park to Riverhead-Hampton Bays Road (Route 24); thence\nwestward along the southerly boundary of Route 24 to Peconic Avenue;\nthence northward along the westerly boundary of Peconic Avenue to the\nRiverhead-Southampton border; thence westward along the\nRiverhead-Southampton border and the Riverhead-Brookhaven border to the\nForge Road Bridge; thence northward along the westerly boundary of the\nForge Road Bridge to Forge Road; thence northwestward along the westerly\nboundary of Forge Road to the railroad tracks; thence northward along\nthe westerly boundary of Forge Road (unpaved) to the intersection of\nRoute 25 and River Road; thence westward along the southerly boundary of\nRiver Road to Edwards Avenue; thence northward along the westerly\nboundary of Edwards Avenue 3,800 feet; thence westward 4,400 feet to an\nunnamed, unpaved road; thence northward along the westerly boundary of\nthe unnamed, unpaved road 150 feet; thence westward and northwestward\nalong the eastern boundary of the United States Navy/Grumman Aerospace\nCorporation property (as of 1982) up to its intersection with Middle\nCountry Road (Route 25); thence westward along the southerly boundary of\nRoute 25 to the intersection of Route 25 and 25A; thence northeastward,\nwestward, and southwestward along the eastern and northern boundary of\nthe United States Navy/Grumman Aerospace Corporation (as of 1982) and\nlocated immediately east of Route 25A, to its intersection with Route\n25A; thence westward along the southerly boundary of Route 25A to the\npoint or place of beginning, and excluding one distinct area described\nas follows: The area defined as beginning at a point where the westerly\nside of William Floyd Parkway (County Road 46) meets northerly side of\nthe Long Island Railroad (LIRR); thence westward along the northerly\nside of the LIRR to Moriches-Middle Island Road; thence generally\nnorthwestward along the northerly side of Moriches-Middle Island Road to\nthe southerly side of Long Island Expressway (Route 495); thence\neastward along the southerly side of the Long Island Expressway (Route\n495) to the westerly side of William Floyd Parkway (County Road 46);\nthence southward along the westerly side of William Floyd Parkway\n(County Road 46) and containing the subdivision known as RB Industrial\nPark, to the point or place of beginning.\n  * NB Effective ... (see 58/2018 Pt. CC § 5 for expiration provisions)\n  * 11. "Core preservation area" shall mean the core preservation area\nof the Central Pine Barrens area which comprise the largest intact areas\nof undeveloped pine barrens as described and bounded as follows:\n  Beginning at a point where the northwestern corner of the New York\nState Rocky Point Natural Resource Management Area (the "NYS Rocky Point\nLand") intersects the southerly side of NYS Route 25A; thence generally\nsouthward and eastward along the generally westerly and southerly\nboundaries of the NYS Rocky Point Land (including the Currans Road Pond\nState Wildlife Management Area, all adjacent or contiguous undeveloped\nTown of Brookhaven parks, preserves, open space areas, or reserved\nareas, and the crossings of the undeveloped Suffolk County property\nknown as the Port Jefferson - Westhampton road right of way, Whiskey\nRoad, County Route 21, and Currans Road), and including those properties\nidentified as District 200, Section 346, Block 1, Lots 3 and 4, to the\npoint where the NYS Rocky Point Land meets the northerly side of NYS\nRoute 25 (Middle Country Road); thence eastward along the northerly\nboundary of NYS Route 25 to the southeastern corner of that property\nwest of Woodlots Road which is identified as District 200, Section 349,\nBlock 2, Lot 1.3; thence northward along the easterly boundary of that\nproperty to the Suffolk County Pine Trail Nature Preserve; thence\neastward and southeastward along the southerly boundary of the Suffolk\nCounty Pine Trail Nature Preserve where the Preserve is adjacent to\ndeveloped parcels or parcels in agricultural or horticultural use, or\nalong a line parallel to, and 100 (one hundred) feet south of, the\nPreserve where the Preserve is adjacent to parcels which are undeveloped\nas of June 1, 1993, to County Route 46; thence southward along the\neasterly boundary of County Route 46 to NYS Route 25; thence eastward\nalong the southerly boundary of NYS Route 25 to the Suffolk County Pine\nTrail Nature Preserve; thence southward along the westerly boundary of\nthe Suffolk County Pine Trail Nature Preserve where the Preserve is\nadjacent to developed parcels, or along a line parallel to, and 100 (one\nhundred) feet west of, the Preserve where the Preserve is adjacent to\nparcels which are undeveloped as of June 1, 1993, to the northern\nboundary of the United States land known as Brookhaven National\nLaboratory; thence generally westward along the northerly boundary of\nBrookhaven National Laboratory to County Route 46 (William Floyd\nParkway); thence generally northwestward on a straight line to the\nintersection of Sally Lane and Pond Lane; thence westward along the\nsoutherly side of Pond Lane to Ruth Lane; thence northward along the\nwesterly side of Ruth Lane to NYS Route 25; thence westward along the\nnortherly side of NYS Route 25 to the southeast corner of the NYS Middle\nIsland State Game Farm and Environmental Education Center; thence\nnorthward, westward, and southward along the easterly, northerly, and\nwesterly boundaries of the NYS Middle Island State Game Farm and\nEnvironmental Education Center to NYS Route 25; thence westward along\nthe southerly side of NYS Route 25, excluding all parcels abutting that\nroad which are developed as of June 1, 1993, to Giant Oak Road; thence\nsouthward along the easterly side of Giant Oak Road to Medford Road;\nthence southwestward along the southeasterly side of Medford Road\ncrossing to the west side of Smith Road; thence southerly along the\nwesterly side of Smith Road to the southeast corner of District 200,\nSection 406, Block 1, Lot 6; thence westward and northward along the\nsoutherly and westerly sides of said parcel to the southerly side of the\ndeveloped lands known as Strathmore Ridge; thence westward, northward\nand eastward along the southerly, westerly and northerly sides of the\ndeveloped lands known as Strathmore Ridge to the westerly side of Smith\nRoad; thence northerly along the westerly side of Smith Road to the\nsoutherly side of NYS Route 25; thence westerly along the southerly side\nof NYS Route 25, to the northwestern corner of that property which is\nidentified as District 200, Section 406, Block 1, Lot 4.3; thence\nsoutherly along the westerly boundary of that property and continuing\nsouthward along the westerly sides of the properties identified as\nDistrict 200, Section 406, Block 1, Lot 4.6; District 200, Section 406,\nBlock 1, Lot 4.4 and District 200, Section 504, Block 1, Lot 2 to the\nsoutherly side of Longwood Road; thence eastward along the southerly\nside of Longwood Road to the northwest corner of the property identified\nas District 200, Section 504, Block 1, Lot 7.2; thence southward and\nwestward along the generally westerly boundary of that parcel to the\neastern end of Rugby Lane (also known as Rugby Avenue or Rugby Road), a\npaper street shown on Suffolk County tax maps District 200, Sections\n500, 502, and 503; thence westward along the northerly boundary of Rugby\nLane, across County Route 21, to the westerly boundary of County Route\n21 (Yaphank - Middle Island Road); thence southward along the westerly\nboundary of County Route 21 to the northeastern corner of the parcel\nidentified as District 200, Section 529, Block 1, Lot 28, and which is\ncoterminous with the southerly boundaries of the parcels located on the\nsouth side of Rustic Lane; thence westward along the northerly boundary\nof that parcel to the southwest corner of the parcel identified as\nDistrict 200, Section 528, Block 5, Lot 2; thence northward along a\nportion of the easterly boundary of the Carmans River, which comprises\nthe easterly boundary of the parcel identified as District 200, Section\n528, Block 5, Lot 1, to its intersection with the southern boundary of\nthe Suffolk County Nature Preserve parcel identified as District 200,\nSection 500, Block 1, Lot 1.4; thence eastward along the southern\nboundary of that parcel to the southeast corner of that parcel; thence\nnorthward along the easterly boundary of that Suffolk County Nature\nPreserve parcel to the southeast corner of the Suffolk County Nature\nPreserve parcel identified as District 200, Section 500, Block 1, Lot\n3.1, thence generally northward along the easterly boundary of that\nparcel to the north side of East Bartlett Road; thence easterly along\nthe north side of East Bartlett Road to the east side of County Road 21;\nthence southerly along the east side of County Road 21 to the southwest\ncorner of District 200, Section 501, Block 1, Lot 2.1; thence easterly\nand northerly along the southern and eastern sides of that property and\nnorthward along the easterly side of District 0200, 50100, Block 0100,\nLot 002002 and across to the north side of Longwood Road; thence\nwesterly along the north side of Longwood Road to the southeast corner\nof District 200, Section 482, Block 1, Lot 3.1; thence northward and\neastward along the easterly and southerly boundaries of that parcel to\nthe northwest corner of the parcel identified as District 200, Section\n483, Block 2, Lot 1.4; thence eastward along the southerly property\nboundary of the parcel identified as District 200, Section 482, Block 1,\nLot 4 to the southeast corner of that parcel; thence northward along the\neasterly boundary of that parcel to the northeast corner of that parcel;\nthence eastward and northward along the southerly and easterly\nboundaries of the parcel identified as District 200, Section 456, Block\n2, Lot 4 to the northeast corner of that parcel; thence generally\nnortherly and westerly along the easterly and northerly boundary of\nProsser Pines County Nature Preserve to County Road 21; thence westward\n(directly across County Route 21) along the southerly boundary of the\nproperty identified as District 200, Section 434, Block 1, Lot 12.1, to\nthe southwest corner of the property identified as District 200, Section\n434, Block 1, Lot 14.3, adjacent to the eastern side of Cathedral Pines\nCounty Park; thence northward along the eastern boundary of Cathedral\nPines County Park to the southeast corner of the property identified as\nDistrict 200, Section 402, Block 1, Lot 23.1, thence continuing\nnorthward along the easterly boundary of that property to the southerly\nside of Lafayette Road; thence westward along the southerly side of\nLafayette Road to the eastern boundary of the property identified as\nDistrict 200, Section 402, Block 1, Lot 24.7; thence generally in a\ncounter-clockwise direction along the easterly, northerly, westerly and\nnortherly boundaries of that property to the easterly boundary of the\nparcel identified as District 200, Section 402, Block 1, Lot 19.2;\nthence northerly along the easterly side of said lot to the southeast\ncorner of the property identified as District 200, Section 402, Block 1,\nLot 20, thence westward and northward along the southerly and westerly\nsides of that property to the southerly side of NYS Route 25; thence\nwestward along the southerly boundary of NYS Route 25 to the\nnorthwestern corner of the parcel identified as District 200, Section\n402, Block 1, Lot 16.4; thence generally southward along the westerly\nboundary of that parcel to the northerly boundary of the parcel\nidentified as District 200, Section 454, Block 1, Lot 9.1; thence\nwestward along the northerly boundary of that parcel to East Bartlett\nRoad; thence southward along the easterly boundary of East Bartlett Road\nto its intersection with Ashton Road; thence westward to the\nnortheastern corner of the old filed map shown on District 200, Section\n499; thence westward and southward along the northerly and westerly\nboundaries of the old filed map shown on Suffolk County tax maps\nDistrict 200, Sections 498, 499, and 527 to Hillcrest Road; thence\neastward along the southerly boundary of Hillcrest Road to Ashton Road;\nthence southward along the easterly side of Ashton Road to Granny Road;\nthence eastward along the southerly side of Granny Road to the\nnorthwesterly corner of District 200, Section 547, Block 1, Lot 18.1;\nthence generally southward, westward, southward, eastward and northward\nin a counter-clockwise direction along the western, northern, southern\nand eastern boundaries of said parcel to the southeast corner of the\nparcel identified as District 200, Section 548, Block 1, Lot 3; thence\nnorthward along the easterly boundary of that parcel to its northeast\ncorner; thence generally northward, northeastward and eastward along the\nwesterly, northwesterly and northerly sides of German Boulevard to its\nintersection with the northeasterly side of Lakeview Boulevard; thence\nsoutheastward along the northeasterly side of Lakeview Boulevard to the\nwesterly boundary of the parcel identified as District 200, Section 611,\nBlock 1, Lot 5; thence northward along the westerly boundary of that\nparcel to its northwest corner; thence southward along the westerly\nboundary of the parcel identified as District 200, Section 579, Block 3,\nLot 1, comprising part of the western bank of the Carmans River also\nknown as Upper Lake, to the northerly side of Mill Road, also known as\nCounty Route 101; thence eastward along the northerly side of Mill Road\nto the northeast corner of the parcel identified as District 200,\nSection 579, Block 3, Lot 19; thence westerly along the northerly\nboundary of that parcel to the eastern boundary of the parcel identified\nas District 200, Section 579, Block 3, Lot 1; thence northward along the\neasterly side of that parcel, comprising part of the eastern bank of the\nCarmans River also known as Upper Lake, to the southwest corner of the\nparcel identified as District 200, Section 548, Block 2, Lot 5.1; thence\neastward along the southern boundary of that parcel to its southeast\ncorner; thence eastward across County Route 21 to its easterly side;\nthence northward along the easterly boundary of County Route 21 to the\nsouthwest corner of the Suffolk County Nature Preserve parcel known as\nWarbler Woods and identified as District 200, Section 551, Block 1, Lot\n4; thence generally eastward along the southerly boundary of the Warbler\nWoods parcel and then southward along the westerly boundary of an\nextension of that parcel's southerly boundary to the southeast corner of\nthe southern terminus of Harold Road; thence generally westward,\nsouthward and westward in a counter-clockwise direction along the\nnortherly, westerly, northerly and westerly boundaries of the Suffolk\nCounty Nature Preserve parcel known as Fox Lair, and identified as\nDistrict 200, Section 580, Block 3, Lot 24.2, to the northwest corner of\nthe parcel Suffolk County Water Authority parcel identified as District\n200, Section 580, Block 3, Lot 24.6; thence southward, eastward and\nsouthward along the westerly boundary and southerly boundaries of that\nSuffolk County Water Authority parcel to Main Street; thence eastward\nalong the north side of Main Street to the southeast corner of said\nSuffolk County Water Authority parcel to its southeast corner; thence\nnorthward along the easterly boundary of that parcel to the southwest\nproperty boundary of the Suffolk County Nature Preserve parcel known as\nFox Lair and identified as District 200, Section 580, Block 3, Lot 24.2,\nthence generally eastward, southward, eastward, northward and eastward\nalong the southerly boundaries of said parcel and eastward along the\nsoutherly boundary of the Suffolk County Nature Preserve parcel\nidentified as District 200, Section 583, Block 1, Lot 4.1, to the west\nside of the unimproved north-south oriented road known variously as\nSmith Road, Longwood Road and Private Road; thence southward along the\nwesterly boundary of Smith Road to the north side of the Long Island\nExpressway; thence westward along the northerly boundary of the Long\nIsland Expressway to the south side of Main Street in Yaphank; thence\nwestward along the southerly boundary of Main Street in Yaphank to the\nwesternmost extent along Main Street of the Southaven County Park\nboundary; thence westward across County Road 21 to the western boundary\nof the County Road 21 right-of-way; thence southward along the western\nboundary of the County Road 21 right-of-way to the northerly side of the\nparcel identified as District 200, Section 611, Block 3, Lot 16,\ncomprising the northerly bank of the Carmans River known as Lower Lake;\nthence westward along the northerly side of that property to the\nsouthwest corner of the parcel identified as District 200, Section 612,\nBlock 4, Lot 1; thence northward along the westerly boundary of that\nparcel to the southerly side of County Route 21 known as Main Street;\nthence westward along the southerly side of County Route 21 known as\nMain Street to the northeast corner of the parcel identified as District\n200, Section 612, Block 2, Lot 12; thence southward along the easterly\nboundary of that parcel to the southeast corner of the parcel identified\nas District 200, Section 612, Block 2, Lot 11; thence westward and\nnorthwestward along the northerly and northeasterly boundaries of the\nTown of Brookhaven parcel identified as District 200, Section 611, Block\n3, Lot 9 to the south side of Mill Road, also known as County Road 101;\nthence generally westward and southward along the southerly side of Mill\nRoad and continuing southward along the eastern side of\nPatchogue-Yaphank Road, also known as County Road 101, to the southerly\nside of Gerard Road; thence eastward along the southerly side of Gerard\nRoad to its westerly boundary known as the map of Grand Heights, filed\nin the offices of the Suffolk County clerk; thence southward along the\nwesterly map line of the filed map known as Grand Heights to the north\nside of the Long Island Expressway NYS Route 495; thence easterly along\nthe northerly side of the Long Island Expressway NYS Route 495 to the\nwesterly side of County Route 21 known as Yaphank Avenue; thence\nsouthward along the westerly side of Yaphank Avenue to the south side of\nthe Long Island Expressway; thence eastward along the south side of the\nLong Island Expressway to the westerly boundary of Southaven County\nPark, thence generally southward along the westerly boundary of\nSouthaven County Park to the northeast corner of the lands of Suffolk\nCounty identified as District 200, Section 665, Block 2, Lot 1; thence\ngenerally southward along the easterly boundary of said lot, crossing\nthe LIRR and Park Street and continuing southward along the westerly\nboundary of Davenport Avenue as shown on the old filed map known as\nBellhaven Terrace; thence southward and eastward along the westerly and\nsoutherly boundaries of the parcel identified as District 200, Section\n744, Block 1, Lot 10 to the westerly boundary of the parcel identified\nas District 200, Section 781, Block 1, Lot 3.1; thence continuing\nsoutherly along the westerly boundary of that parcel to the easterly\nboundary of Gerard Road; thence southward along the easterly boundary of\nGerard Road to Victory Avenue; thence eastward along the northerly\nboundary of Victory Avenue to a point where the west bank of the Carmans\nRiver passes under Victory Avenue and Route 27; thence south under Route\n27 to the southerly side of Montauk Highway also known as County Road\n80; thence westward along the southerly side of Montauk Highway County\nRoad 80, including lands owned by the United States known as Wertheim\nNational Wildlife Refuge (the "Refuge"), to the eastern side of Old\nStump Road; thence southward along the easterly side of Old Stump Road\nto the northerly side of Beaver Dam Road; thence eastward along the\nnortherly side of Beaver Dam Road to the lands owned by the United\nStates known as Wertheim National Wildlife Refuge (the "Refuge"),\nincluding the Carmans River; thence generally westerly and southerly to\nthe waters of Bellport Bay; thence generally easterly across the Bay and\nnortherly along the easterly boundary of the Refuge, including all lands\ncurrently part of the Refuge and any lands which may become part of the\nRefuge in the future to the east side of the southern terminus of Smith\nRoad; thence northward along the easterly side of Smith Road to the\nsouthwesterly corner of the property identified as District 200, Section\n974.50, Block 1, Lot 11; thence eastward, northward and westward in a\ncounter-clockwise direction along the southern, eastern and northern\nboundaries of that property to the easterly side of Smith Road; thence\nnorthward along the easterly side of Smith Road to the northerly side of\nMontauk Highway County Road 80; thence northeasterly to the\nsouthwesterly corner of the property identified as District 200, Section\n849, Block 2, Lot 2; thence eastward along the northerly boundary of\nMontauk Highway to the southeasterly corner of the property identified\nas District 200, Section 850, Block 3, Lot 8; thence northward to the\nnortheasterly corner of that parcel, including all lands owned by the\nUnited States known as Wertheim National Wildlife Refuge (the "Refuge")\nat any time between June 1, 1993 and the present, and any lands which\nmay become part of the Refuge in the future; thence northwestward across\nSunrise Highway (NYS Route 27) to the southwesterly corner of the\nproperty identified as District 200, Section 850, Block 2, Lot 1; thence\nnorthward along the westerly boundary of that parcel across to the\nnortherly boundary of Victory Avenue; thence westward along the\nnortherly boundary of Victory Avenue to the westerly boundary of River\nRoad; thence northward along the westerly boundary of River Road to the\nnorth side of the Long Island Rail Road right-of-way; thence easterly\nalong the northerly side of the Long Island Rail Road right-of-way to\nthe north side of Moriches-Middle Island Road; thence generally\nnorthward and westward along the northerly side of Moriches-Middle\nIsland Road to the northerly side of the Long Island Expressway; thence\nwestward along the northerly boundary of the Long Island Expressway to\nthe southeasterly corner of the Longwood Greenbelt property (the\nproperty identified as District 200, Section 583, Block 2, Lot 1.1);\nthence northward along the easterly boundary of the Longwood Greenbelt\nproperty to its northeast corner; thence eastward to the southwesterly\ncorner of the property known as District 200, Section 552, Block 1, Lot\n8; thence generally northeastward along the easterly boundary of the\nproperty identified as District 200, Section 552, Block 1, Lot 1.7 to\nthe northeasterly corner of that parcel; thence eastward along the\nsoutherly boundaries of the parcels identified as District 200, Section\n504, Block 1, Lot 8, and District 200, Section 504, Block 1, Lot 11, to\nthe westerly boundary of the William Floyd Parkway (County Route 46);\nthence northward along the westerly side of County Route 46 to a point\n2000 (two thousand) feet south of the southern bank of the Peconic River\ncrossing of County Route 46; thence generally southeastward along a line\nparallel to, and 2000 (two thousand) feet generally south or southwest\nof, and parallel to, the southernmost bank of the Peconic River to a\npoint where the Peconic River crosses the unpaved, unnamed, north-south\nfirebreak and patrol road on the eastern half of the Brookhaven National\nLaboratory property; thence southward and southwestward along the\neasterly and southeasterly boundaries of the unpaved, unnamed,\nnorth-south firebreak and patrol road starting on the eastern half of\nthe Brookhaven National Laboratory property to the Brookhaven National\nLaboratory road known as Brookhaven Avenue; thence due westward along a\nstraight line to the Brookhaven National Laboratory road known as\nPrinceton Avenue; thence westward along the southerly boundary of\nPrinceton Avenue to the unnamed Laboratory road which diverts southwest\nin the vicinity of the Laboratory gate house; thence southwestward along\nthe southerly side of the unnamed Laboratory road just described to\nCounty Route 46; thence southward along the easterly side of County\nRoute 46 to NYS Route 495; thence eastward along the northerly boundary\nof NYS Route 495 to County Route 111; thence southeastward along the\nnortherly boundary of County Route 111 to NYS Route 27 (Sunrise\nHighway); thence generally southward across NYS Route 27 to the\nwesternmost extent along NYS Route 27 of the undeveloped portion (as of\nJune 1, 1993) of the parcel assemblage comprised of those parcels\nidentified as District 200, Section 594, Block 2, Lot 4 and District\n900, Section 325, Block 1, Lot 41.2; thence southward along the westerly\nboundary of the undeveloped portion (as of June 1, 1993) of that parcel\nassemblage to County Route 71 (Old Country Road); thence eastward along\nthe northerly boundary of County Route 71 to the southeastern corner of\nthe Suffolk County Nature Preserve lands which run from NYS Route 27\nsouth to County Route 111 and which adjoin the easterly side of the\npreceding assemblage; thence northward along the easterly boundary of\nthat Suffolk County Nature Preserve assemblage (crossing the County\nRoute 111 right of way) to NYS Route 27; thence eastward along the\nsoutherly boundary of NYS Route 27 to the westerly end of 19th Street as\nshown in the old filed map contained within the tax map identified as\nDistrict 900, Section 276, Block 2; thence southward along the westerly\nboundary of that old filed map (shown in District 900, Sections 276,\n302, 303, 327, and 328), and coterminous with the westerly side of those\nparcels along the westerly side of Oishei Road, to County Route 71;\nthence eastward along the northerly boundary of County Route 71 to the\nsoutheasterly corner of the parcel identified as District 900, Section\n328, Block 2, Lot 19; thence northward along the easterly boundary of\nthat old filed map surrounding Oishei Road, and coterminous with the\neasterly side of those parcels along the easterly side of Oishei Road,\nto a point along that line due west of the northwesterly corner of the\nparcel containing the Suffolk County facilities identified as District\n900, Section 331, Block 1, Lot 1; thence due eastward along a straight\nline to the northwesterly corner of that parcel; thence eastward along\nthe northerly boundary of that parcel to its northeasterly corner shown\nin District 900, Section 307; thence due eastward along a straight line\nto Summit Boulevard; thence southward along the westerly side of Summit\nBoulevard to County Route 71; thence eastward along the northerly side\nof County Route 71, excluding all parcels abutting that road which are\ndeveloped as of June 1, 1993, to the Long Island Rail Road tracks;\nthence eastward along the northerly boundary of the Long Island Rail\nRoad tracks to County Route 31 (Old Riverhead Road); thence northward\nalong the westerly boundary of County Route 31 to that point opposite\nthe point along the easterly side of County Route 31 (north of the\nStewart Avenue intersection) at which the undeveloped portion (as of\nJune 1, 1993) of the Suffolk County Airport (Gabreski Airport) occurs;\nthence generally northward, eastward and southward around the westerly,\nnortherly and easterly boundaries of the undeveloped portion (as of June\n1, 1993) of the airport property (excluding from the Core Preservation\nArea those portions of the airport property which are occupied by the\nrunways, their associated maintenance areas, and those areas identified\nfor future use in the Suffolk County Airport Master Plan approved by the\nCounty Legislature) to the Long Island Rail Road tracks (including in\nthe Core Preservation Area those portions of the airport property which\nare adjacent to the Quogue Wildlife Refuge's westerly boundary and which\nare in their natural state); thence eastward along the northerly\nboundary of the Long Island Rail Road tracks to the southeasterly corner\nof the Town of Southampton parcel identified as District 902, Section 1,\nBlock 1, Lot 22.1; thence generally northward and eastward along the\neasterly border of that parcel and the Town of Southampton parcels to\nthe immediate north identified as District 900, Section 313, Block 1,\nLot 42.1 and District 900, Section 287, Block 1, Lot 1.55 to County\nRoute 104; thence northward along the westerly boundary of County Route\n104 to a point 1000 (one thousand) feet southward of NYS Route 27;\nthence eastward along a line parallel to, and 1000 (one thousand) feet\nsouth of, NYS Route 27, to the westerly boundary of the parcel\nidentified as District 900, Section 252, Block 1, Lot 1; thence\nsouthward along the westerly boundary of that parcel to the Long Island\nRail Road tracks; thence eastward along the northerly boundary of the\nLong Island Rail Road tracks to Montauk Highway; thence eastward along\nthe northerly boundary of Montauk Highway to that point where the\nboundary of Sears-Bellows County Park heads northward along the eastern\nside of the Munns Pond portion; thence northward along the easterly\nboundary of Sears-Bellows County Park, to NYS Route 27; thence eastward\nalong the northerly boundary of NYS Route 27 to NYS Route 24 (Riverhead\n- Hampton Bays Road); thence generally northwestward and westward along\nthe southwesterly boundary of NYS Route 24 to the easternmost extent\nalong NYS Route 24 of the Suffolk County Parkland known as Flanders or\nHubbard County Park; thence generally northward, westward, and southward\nalong the easterly, northerly, and westerly boundaries of Flanders or\nHubbard County Park, including all adjacent or contiguous undeveloped\nTown of Southampton parks, preserves, open space areas, or reserved\nareas, to NYS Route 24; thence westward along the southerly boundary of\nNYS Route 24 to Pleasure Drive; thence southward along the easterly\nboundary of Pleasure Drive a distance of 2000 (two thousand) feet,\nexcluding all parcels abutting that road which are developed as of June\n1, 1993; thence generally westward along a straight line to the\nsouthernmost extent of the NYS David Sarnoff Preserve along the westerly\nboundaries of the parcels on the westerly side of Brookhaven Avenue;\nthence generally northward and westward along the easterly and northerly\nboundary of the NYS David Sarnoff Pine Barrens Preserve, crossing County\nRoutes 105 and 104, to County Route 63 (Riverhead-Moriches Road); thence\ngenerally westward and northward along the northerly boundary of the\nSuffolk County Cranberry Bog County Nature Preserve to County Route 51;\nthence southwesterly along the westerly side of County Route 51 to the\nboundary of the Cranberry Bog County Nature Preserve; thence westward\nand northward along the northeasterly boundary of Cranberry Bog County\nNature Preserve to County Route 94 (also known as NYS Route 24, or\nNugent Drive); thence eastward along the northerly side of County Route\n94 to the County Route 94A bridge; thence northward along the westerly\nside of the County Route 94A bridge to the Riverhead-Southampton border;\nthence westward along the Riverhead-Southampton border, and the\nRiverhead-Brookhaven Border, to the Forge Road Bridge; thence northward\nalong the westerly boundary of the Forge Road Bridge to Forge Road;\nthence northwestward along the westerly boundary of Forge Road to the\nLong Island Rail Road tracks; thence northward along the westerly\nboundary of Forge Road (unpaved) to the intersection of NYS Route 25 and\nRiver Road; thence westward along the southerly boundary of River Road\nto Edwards Avenue; thence westward along the southerly boundary of River\nRoad (Grumman Boulevard or Swan Pond Road) to the southeast corner of\nthat parcel containing Conoe (or Canoe) Lake and identified as District\n600, Section 137, Block 1, Lot 1; thence northward, westward, and\nsouthward along the borders of that parcel containing Conoe (or Canoe)\nLake to River Road (Grumman Boulevard); thence westward along the\nnortherly boundary of Grumman Boulevard to the southeasternmost corner\nof the undeveloped portion (as of June 1, 1993) of the United States\nNavy/Grumman Corporation property located on the north side of Grumman\nBoulevard and adjacent to the Grumman entrance known as the South Gate;\nthence due north along the easternmost edge of that undeveloped portion\n(as of June 1, 1993) of the United States Navy/Grumman Corporation\nproperty to NYS Route 25; thence along a straight line to the northerly\nside of NYS Route 25 to a point occupied by the southeasternmost corner\nof the parcel assemblage comprised of District 600, Section 75, Block 3,\nLot 10.1, and District 600, Section 96, Block 1, Lot 14, and otherwise\nknown as Camp Wauwepex; thence northward, westward, and generally\nsouthward along the easterly, northerly, and generally westerly\nboundaries of the Camp Wauwepex assemblage to NYS Route 25; thence\nwestward along the northerly side of NYS Route 25 to Montauk Trail;\nthence northeastward along the northwesterly side of Montauk Trail to\nPanamoka Trail; thence northward along the westerly side of Panamoka\nTrail, excluding all parcels abutting that road which are developed as\nof June 1, 1993, to Matinecock Trail; thence westward along the\nsoutherly side of Matinecock Trail to the easterly boundary of\nBrookhaven State Park; thence generally northward along the easterly\nboundary of Brookhaven State Park, including all adjacent or contiguous\nundeveloped Town of Brookhaven parks, preserves, open space areas, or\nreserved areas, to its intersection with NYS Route 25A; thence eastward\nalong the southerly boundary of Route 25A to a point due south of the\nsoutheast corner of the parcel identified as District 200, Section 128,\nBlock 1, Lot 3.1; thence northward across Route 25A to its northerly\nside at the southeast corner of parcel identified as District 200,\nSection 128, Block 1, Lot 3.1; thence northward along the easterly side\nof the property identified as District 200, Section 128, Block 1, Lot\n3.1 to its intersection with the southerly boundary of District 200,\nSection 128, Block 1, Lot 1; thence eastward, northward and westward\nalong the southerly, easterly and northerly sides of the parcel\nidentified as District 200, Section 128, Block 1, Lot 1 to the southeast\ncorner of the parcel identified as District 200, Section 82, Block 1,\nLot 5.2; thence northward along the east side of this parcel to its\nintersection with the south side of North Country Road; thence northward\ncrossing North Country road to its northerly side; thence eastward along\nthe northerly side of North Country Road to the Brookhaven\nTown-Riverhead Town line; thence in a generally northwestward direction\nalong said town line to a point in Wading River Creek with the\ncoordinates 40.96225 latitude and -72.863633 longitude; thence westward\na distance of approximately 90 feet to the easterly side of LILCO Road;\nthence southward along LILCO Road to its intersection with the north\nside of North Country Road; thence westward along the north side of\nNorth Country Road to the southeast corner of the parcel identified as\nDistrict 200, Section 39, Block 1, Lot 2; thence in a northward and\nwestward direction along the easterly and northerly sides of said parcel\nto its northwest corner; thence northward along the westerly boundary of\nthe parcel identified as District 200, Section 83, Block 1, Lot 1.4 to\nits northwest corner and the shoreline of Long Island Sound; thence\nwestward along the northerly side of the parcel identified as district\n200, section 39, Block 1, lot 1.2 and the southerly extent of the Long\nIsland Sound to the northwest corner of the property identified as\nDistrict 200, Section 39, Block 1, Lot 1.2; thence southward along the\nwesterly boundary of said property to North Country Road; thence\nsouthward crossing North Country Road to its southerly side; thence west\nalong the southerly boundary of North Country Road to the northwestern\ncorner of the property identified as District 200, Section 82, Block 1,\nLot 1.1; thence south along the westerly boundary of said property and\nthe westerly boundary of the property identified as District 200,\nSection 82, Block 1, Lot 1.2 to the northwest corner of property\nidentified as District 200, Section 82, Block 1, Lot 5.1; thence\nsouthward along the westerly boundary of said property and along the\neasterly boundary of property identified as District 200, Section 81,\nBlock 1, Lot 14.8 and along the easterly boundary of property identified\nas District 200, Section 105, Block 3, Lot 1 to the northeast corner of\nproperty identified as District 200, Section 105, Block 3, Lot 5; thence\nsouthward along the easterly boundary of said property to the north side\nof Route 25A; thence eastward along the north side of Route 25A to a\npoint directly north of the northeast corner of the Shoreham-Wading\nRiver school district property, identified as District 200, Section 243,\nBlock 1, Lot 3; thence southward, crossing Route 25A to its southerly\nboundary and the northeast corner of the Shoreham-Wading river school\ndistrict property, identified as District 200, Section 243, Block 1, Lot\n3; thence southward and westward, along the easterly and southerly\nboundaries of the aforesaid parcel to its southwest corner; thence\nsouthward along the easterly boundary of the Shoreham-Wading River\nschool district property identified as District 200, Section 243, Block\n1, Lot 1.10 to its southeast corner; thence westward, northward,\neastward, southward, eastward, northward, westward, northward, westward\nand northward in a clockwise fashion along the southerly and westerly\nboundaries of the aforesaid Shoreham-Wading River school district\nproperty to NYS Route 25A; thence westward along the southerly side of\nNYS Route 25A to County Route 46; thence southward along the easterly\nside of County Route 46 to its intersection with the Suffolk County Pine\nTrail Nature Preserve; thence westward along the northerly boundary of\nthe Suffolk County Pine Trail Nature Preserve where the Preserve is\nadjacent to developed parcels or parcels in agricultural or\nhorticultural use, or along a line parallel to, and 100 (one hundred)\nfeet north of, the Preserve where the Preserve is adjacent to parcels\nwhich are undeveloped as of June 1, 1993, to the southeastern corner of\nthe parcel west of Woodlots Road and identified as District 200, Section\n291, Block 1, Lot 14.1; thence northward and westward along the easterly\nand northerly boundaries of that parcel to Whiskey Road; thence westward\nalong the southerly side of Whiskey Road to Wading River Hollow Road;\nthence northward along the westerly side of Wading River Hollow Road to\nthe boundary of the NYS Rocky Point Land; thence generally northward\nalong the easterly boundary of the NYS Rocky Point Land, including all\nadjacent or contiguous undeveloped Town of Brookhaven parks, preserves,\nopen space areas, or reserved areas, to NYS Route 25A; thence westward\nalong the southerly side of NYS Route 25A, excluding those parcels\nabutting that road which are developed as of June 1, 1993, and those\nlands identified for the reroute of Route 25A by the NYS Department of\nTransportation, to the northeastern corner of the parcel identified as\nDistrict 200, Section 102, Block 3, Lot 1.4; thence southward along the\nwesterly boundary of that parcel to the parcel identified as District\n200, Section 102, Block 3, Lot 1.6; thence generally westward and\nsouthward along the westerly boundaries of that parcel and the adjoining\nsoutherly parcel identified as District 200, Section 102, Block 3, Lot\n1.5 to the boundary of the NYS Rocky Point Land; thence westward along\nthe northerly boundary of the NYS Rocky Point Land to County Route 21;\nthence generally westward along a straight line across County Route 21\nto the northernmost extent along County Route 21 of the NYS Rocky Point\nLand; thence generally westward along the generally northerly boundary\nof the NYS Rocky Point Land to the point or place of beginning, and\nexcluding the area defined as beginning at a point where the southerly\nboundary of NYS Route 25 meets the easterly side of the Suffolk County\nPine Trail Nature Preserve; thence southeastward along the easterly side\nof the Suffolk County Pine Trail Nature Preserve where the Preserve is\nadjacent to developed parcels, or along a line parallel to, and 100 (one\nhundred) feet east of, the Preserve where the Preserve is adjacent to\nparcels which are undeveloped as of June 1, 1993, to the Long Island\nLighting Company high voltage transmission lines; thence northward along\nthe westerly side of the Long Island Lighting Company high voltage\ntransmission lines to NYS Route 25; thence westward along the southerly\nside of NYS Route 25 to the point or place of beginning;\nand excluding four distinct areas described as follows: Area One is the\narea defined as beginning at a point where the southerly boundary of NYS\nRoute 25 meets the easterly side of the Suffolk County Pine Trail Nature\nPreserve; thence southeastward along the easterly side of the Suffolk\nCounty Pine Trail Nature Preserve where the Preserve is adjacent to\ndeveloped parcels, or along a line parallel to, and 100 (one hundred)\nfeet east of, the Preserve where the Preserve is adjacent to parcels\nwhich are undeveloped as of June 1, 1993, to the Long Island Lighting\nCompany high voltage transmission lines; thence northward along the\nwesterly side of the Long Island Lighting Company high voltage\ntransmission lines to NYS Route 25; thence westward along the southerly\nside of NYS Route 25 to the point or place of beginning; Area Two is the\narea defined as beginning at the northwest corner of the parcel\nidentified as District 200, Section 552, Block 1, Lot 3; thence\neastward, southwestward and generally northward along the northerly,\nsoutheasterly and westerly boundaries of that parcel, containing the\nsewage treatment facility known as the Dorade facility, to the point of\nbeginning; Area three is defined as the parcel identified as district\n200, section 82, block 1, lot 3; Area four is defined as the property\nidentified as district 200, section 39, block 1, lot 1.1;\n  and including in the core preservation area only the municipally owned\nlands and the property identified as District 200, Section 750, Block 3,\nLot 44; within the area beginning at a point on the southeasterly corner\nof the intersection of Moriches-Middle Island Road and Cranford\nBoulevard and thence southward along the easterly boundary of Cranford\nBoulevard to the southwestern corner of property identified as District\n200, Section 645, Block 3, Lot 29.l; thence southeastward along the\nsoutherly boundary of said property to its intersection with property\nidentified as District 200, Section 712, Block 9, Lot 1; thence\ngenerally southward along the westerly boundary of said property to its\nintersection with the northerly side of the eastward extension of Grove\nDrive, known as Grove Street; thence southward crossing Grove Street to\nits south side; thence westward along the southerly boundary of the\nGrove Street road extension to the northwestern corner of the property\nidentified as District 200, Section 749, Block 3, Lot 41.1 and comprised\nof parcels owned by the county of Suffolk and the town of Brookhaven;\nthence southward to the southwestern corner of property identified as\nDistrict 200, Section 749, Block 3, Lot 43; thence eastward along the\nsoutherly boundary of said property to the west side of Lambert Avenue;\nthence crossing Lambert Avenue to its easterly side; thence southward\nalong the easterly boundary of Lambert Avenue to the northerly boundary\nof the Sunrise Highway Service Road; thence northeastward along the\nnortherly boundary of the Sunrise Highway Service Road to Barnes Road;\nthence northward along the westerly boundary of Barnes Road to the\nnortheastern corner of the property identified as District 200, Section\n750, Block 3, Lot 40.2; thence westward along the northerly boundary of\nproperty identified as District 200, Section 713, Block 1, Lot 2; thence\nwestward along the northerly boundary of property identified as District\n200, Section 713, Block 1, Lot 1; thence northward along the westerly\nside of Weeks Avenue to the northeastern corner of property identified\nas District 200, Section 713, Block 3, Lot 1; thence westward along the\nnortherly boundary of said property to Michigan Avenue; thence northward\nalong the easterly boundary of Michigan Avenue to Moriches-Middle Island\nRoad; thence westward along the southerly boundary of Moriches-Middle\nIsland Road to the point of beginning.\n  * NB Effective until ... (see 58/2018 Pt. CC § 5 for expiration\nprovisions)\n  * 11. "Core preservation area" shall mean the core preservation area\nof the Central Pine Barrens area which comprise the largest intact areas\nof undeveloped pine barrens as described and bounded as follows:\n  Beginning at a point where the northwestern corner of the New York\nState Rocky Point Natural Resource Management Area (the "NYS Rocky Point\nLand") intersects the southerly side of NYS Route 25A; thence generally\nsouthward and eastward along the generally westerly and southerly\nboundaries of the NYS Rocky Point Land (including the Currans Road Pond\nState Wildlife Management Area, all adjacent or contiguous undeveloped\nTown of Brookhaven parks, preserves, open space areas, or reserved\nareas, and the crossings of the undeveloped Suffolk County property\nknown as the Port Jefferson - Westhampton road right of way, Whiskey\nRoad, County Route 21, and Currans Road), and including those properties\nidentified as District 200, Section 346, Block 1, Lots 3 and 4, to the\npoint where the NYS Rocky Point Land meets the northerly side of NYS\nRoute 25 (Middle Country Road); thence eastward along the northerly\nboundary of NYS Route 25 to the southeastern corner of that property\nwest of Woodlots Road which is identified as District 200, Section 349,\nBlock 2, Lot 1.3; thence northward along the easterly boundary of that\nproperty to the Suffolk County Pine Trail Nature Preserve; thence\neastward and southeastward along the southerly boundary of the Suffolk\nCounty Pine Trail Nature Preserve where the Preserve is adjacent to\ndeveloped parcels or parcels in agricultural or horticultural use, or\nalong a line parallel to, and 100 (one hundred) feet south of, the\nPreserve where the Preserve is adjacent to parcels which are undeveloped\nas of June 1, 1993, to County Route 46; thence southward along the\neasterly boundary of County Route 46 to NYS Route 25; thence eastward\nalong the southerly boundary of NYS Route 25 to the Suffolk County Pine\nTrail Nature Preserve; thence southward along the westerly boundary of\nthe Suffolk County Pine Trail Nature Preserve where the Preserve is\nadjacent to developed parcels, or along a line parallel to, and 100 (one\nhundred) feet west of, the Preserve where the Preserve is adjacent to\nparcels which are undeveloped as of June 1, 1993, to the northern\nboundary of the United States land known as Brookhaven National\nLaboratory; thence generally westward along the northerly boundary of\nBrookhaven National Laboratory to County Route 46 (William Floyd\nParkway); thence generally northwestward on a straight line to the\nintersection of Sally Lane and Pond Lane; thence westward along the\nsoutherly side of Pond Lane to Ruth Lane; thence northward along the\nwesterly side of Ruth Lane to NYS Route 25; thence westward along the\nnortherly side of NYS Route 25 to the southeast corner of the NYS Middle\nIsland State Game Farm and Environmental Education Center; thence\nnorthward, westward, and southward along the easterly, northerly, and\nwesterly boundaries of the NYS Middle Island State Game Farm and\nEnvironmental Education Center to NYS Route 25; thence westward along\nthe southerly side of NYS Route 25, excluding all parcels abutting that\nroad which are developed as of June 1, 1993, to Giant Oak Road; thence\nsouthward along the easterly side of Giant Oak Road to Medford Road;\nthence southwestward along the southeasterly side of Medford Road\ncrossing to the west side of Smith Road; thence southerly along the\nwesterly side of Smith Road to the southeast corner of District 200,\nSection 406, Block 1, Lot 6; thence westward and northward along the\nsoutherly and westerly sides of said parcel to the southerly side of the\ndeveloped lands known as Strathmore Ridge; thence westward, northward\nand eastward along the southerly, westerly and northerly sides of the\ndeveloped lands known as Strathmore Ridge to the westerly side of Smith\nRoad; thence northerly along the westerly side of Smith Road to the\nsoutherly side of NYS Route 25; thence westerly along the southerly side\nof NYS Route 25, to the northwestern corner of that property which is\nidentified as District 200, Section 406, Block 1, Lot 4.3; thence\nsoutherly along the westerly boundary of that property and continuing\nsouthward along the westerly sides of the properties identified as\nDistrict 200, Section 406, Block 1, Lot 4.6; District 200, Section 406,\nBlock 1, Lot 4.4 and District 200, Section 504, Block 1, Lot 2 to the\nsoutherly side of Longwood Road; thence eastward along the southerly\nside of Longwood Road to the northwest corner of the property identified\nas District 200, Section 504, Block 1, Lot 7.2; thence southward and\nwestward along the generally westerly boundary of that parcel to the\neastern end of Rugby Lane (also known as Rugby Avenue or Rugby Road), a\npaper street shown on Suffolk County tax maps District 200, Sections\n500, 502, and 503; thence westward along the northerly boundary of Rugby\nLane, across County Route 21, to the westerly boundary of County Route\n21 (Yaphank - Middle Island Road); thence southward along the westerly\nboundary of County Route 21 to the northeastern corner of the parcel\nidentified as District 200, Section 529, Block 1, Lot 28, and which is\ncoterminous with the southerly boundaries of the parcels located on the\nsouth side of Rustic Lane; thence westward along the northerly boundary\nof that parcel to the southwest corner of the parcel identified as\nDistrict 200, Section 528, Block 5, Lot 2; thence northward along a\nportion of the easterly boundary of the Carmans River, which comprises\nthe easterly boundary of the parcel identified as District 200, Section\n528, Block 5, Lot 1, to its intersection with the southern boundary of\nthe Suffolk County Nature Preserve parcel identified as District 200,\nSection 500, Block 1, Lot 1.4; thence eastward along the southern\nboundary of that parcel to the southeast corner of that parcel; thence\nnorthward along the easterly boundary of that Suffolk County Nature\nPreserve parcel to the southeast corner of the Suffolk County Nature\nPreserve parcel identified as District 200, Section 500, Block 1, Lot\n3.1, thence generally northward along the easterly boundary of that\nparcel to the north side of East Bartlett Road; thence easterly along\nthe north side of East Bartlett Road to the east side of County Road 21;\nthence southerly along the east side of County Road 21 to the southwest\ncorner of District 200, Section 501, Block 1, Lot 2.1; thence easterly\nand northerly along the southern and eastern sides of that property and\nnorthward along the easterly side of District 0200, 50100, Block 0100,\nLot 002002 and across to the north side of Longwood Road; thence\nwesterly along the north side of Longwood Road to the southeast corner\nof District 200, Section 482, Block 1, Lot 3.1; thence northward and\neastward along the easterly and southerly boundaries of that parcel to\nthe northwest corner of the parcel identified as District 200, Section\n483, Block 2, Lot 1.4; thence eastward along the southerly property\nboundary of the parcel identified as District 200, Section 482, Block 1,\nLot 4 to the southeast corner of that parcel; thence northward along the\neasterly boundary of that parcel to the northeast corner of that parcel;\nthence eastward and northward along the southerly and easterly\nboundaries of the parcel identified as District 200, Section 456, Block\n2, Lot 4 to the northeast corner of that parcel; thence generally\nnortherly and westerly along the easterly and northerly boundary of\nProsser Pines County Nature Preserve to County Road 21; thence westward\n(directly across County Route 21) along the southerly boundary of the\nproperty identified as District 200, Section 434, Block 1, Lot 12.1, to\nthe southwest corner of the property identified as District 200, Section\n434, Block 1, Lot 14.3, adjacent to the eastern side of Cathedral Pines\nCounty Park; thence northward along the eastern boundary of Cathedral\nPines County Park to the southeast corner of the property identified as\nDistrict 200, Section 402, Block 1, Lot 23.1, thence continuing\nnorthward along the easterly boundary of that property to the southerly\nside of Lafayette Road; thence westward along the southerly side of\nLafayette Road to the eastern boundary of the property identified as\nDistrict 200, Section 402, Block 1, Lot 24.7; thence generally in a\ncounter-clockwise direction along the easterly, northerly, westerly and\nnortherly boundaries of that property to the easterly boundary of the\nparcel identified as District 200, Section 402, Block 1, Lot 19.2;\nthence northerly along the easterly side of said lot to the southeast\ncorner of the property identified as District 200, Section 402, Block 1,\nLot 20, thence westward and northward along the southerly and westerly\nsides of that property to the southerly side of NYS Route 25; thence\nwestward along the southerly boundary of NYS Route 25 to the\nnorthwestern corner of the parcel identified as District 200, Section\n402, Block 1, Lot 16.4; thence generally southward along the westerly\nboundary of that parcel to the northerly boundary of the parcel\nidentified as District 200, Section 454, Block 1, Lot 9.1; thence\nwestward along the northerly boundary of that parcel to East Bartlett\nRoad; thence southward along the easterly boundary of East Bartlett Road\nto its intersection with Ashton Road; thence westward to the\nnortheastern corner of the old filed map shown on District 200, Section\n499; thence westward and southward along the northerly and westerly\nboundaries of the old filed map shown on Suffolk County tax maps\nDistrict 200, Sections 498, 499, and 527 to Hillcrest Road; thence\neastward along the southerly boundary of Hillcrest Road to Ashton Road;\nthence southward along the easterly side of Ashton Road to Granny Road;\nthence eastward along the southerly side of Granny Road to the\nnorthwesterly corner of District 200, Section 547, Block 1, Lot 18.1;\nthence generally southward, westward, southward, eastward and northward\nin a counter-clockwise direction along the western, northern, southern\nand eastern boundaries of said parcel to the southeast corner of the\nparcel identified as District 200, Section 548, Block 1, Lot 3; thence\nnorthward along the easterly boundary of that parcel to its northeast\ncorner; thence generally northward, northeastward and eastward along the\nwesterly, northwesterly and northerly sides of German Boulevard to its\nintersection with the northeasterly side of Lakeview Boulevard; thence\nsoutheastward along the northeasterly side of Lakeview Boulevard to the\nwesterly boundary of the parcel identified as District 200, Section 611,\nBlock 1, Lot 5; thence northward along the westerly boundary of that\nparcel to its northwest corner; thence southward along the westerly\nboundary of the parcel identified as District 200, Section 579, Block 3,\nLot 1, comprising part of the western bank of the Carmans River also\nknown as Upper Lake, to the northerly side of Mill Road, also known as\nCounty Route 101; thence eastward along the northerly side of Mill Road\nto the northeast corner of the parcel identified as District 200,\nSection 579, Block 3, Lot 19; thence westerly along the northerly\nboundary of that parcel to the eastern boundary of the parcel identified\nas District 200, Section 579, Block 3, Lot 1; thence northward along the\neasterly side of that parcel, comprising part of the eastern bank of the\nCarmans River also known as Upper Lake, to the southwest corner of the\nparcel identified as District 200, Section 548, Block 2, Lot 5.1; thence\neastward along the southern boundary of that parcel to its southeast\ncorner; thence eastward across County Route 21 to its easterly side;\nthence northward along the easterly boundary of County Route 21 to the\nsouthwest corner of the Suffolk County Nature Preserve parcel known as\nWarbler Woods and identified as District 200, Section 551, Block 1, Lot\n4; thence generally eastward along the southerly boundary of the Warbler\nWoods parcel and then southward along the westerly boundary of an\nextension of that parcel's southerly boundary to the southeast corner of\nthe southern terminus of Harold Road; thence generally westward,\nsouthward and westward in a counter-clockwise direction along the\nnortherly, westerly, northerly and westerly boundaries of the Suffolk\nCounty Nature Preserve parcel known as Fox Lair, and identified as\nDistrict 200, Section 580, Block 3, Lot 24.2, to the northwest corner of\nthe parcel Suffolk County Water Authority parcel identified as District\n200, Section 580, Block 3, Lot 24.6; thence southward, eastward and\nsouthward along the westerly boundary and southerly boundaries of that\nSuffolk County Water Authority parcel to Main Street; thence eastward\nalong the north side of Main Street to the southeast corner of said\nSuffolk County Water Authority parcel to its southeast corner; thence\nnorthward along the easterly boundary of that parcel to the southwest\nproperty boundary of the Suffolk County Nature Preserve parcel known as\nFox Lair and identified as District 200, Section 580, Block 3, Lot 24.2,\nthence generally eastward, southward, eastward, northward and eastward\nalong the southerly boundaries of said parcel and eastward along the\nsoutherly boundary of the Suffolk County Nature Preserve parcel\nidentified as District 200, Section 583, Block 1, Lot 4.1, to the west\nside of the unimproved north-south oriented road known variously as\nSmith Road, Longwood Road and Private Road; thence southward along the\nwesterly boundary of Smith Road to the north side of the Long Island\nExpressway; thence westward along the northerly boundary of the Long\nIsland Expressway to the south side of Main Street in Yaphank; thence\nwestward along the southerly boundary of Main Street in Yaphank to the\nwesternmost extent along Main Street of the Southaven County Park\nboundary; thence westward across County Road 21 to the western boundary\nof the County Road 21 right-of-way; thence southward along the western\nboundary of the County Road 21 right-of-way to the northerly side of the\nparcel identified as District 200, Section 611, Block 3, Lot 16,\ncomprising the northerly bank of the Carmans River known as Lower Lake;\nthence westward along the northerly side of that property to the\nsouthwest corner of the parcel identified as District 200, Section 612,\nBlock 4, Lot 1; thence northward along the westerly boundary of that\nparcel to the southerly side of County Route 21 known as Main Street;\nthence westward along the southerly side of County Route 21 known as\nMain Street to the northeast corner of the parcel identified as District\n200, Section 612, Block 2, Lot 12; thence southward along the easterly\nboundary of that parcel to the southeast corner of the parcel identified\nas District 200, Section 612, Block 2, Lot 11; thence westward and\nnorthwestward along the northerly and northeasterly boundaries of the\nTown of Brookhaven parcel identified as District 200, Section 611, Block\n3, Lot 9 to the south side of Mill Road, also known as County Road 101;\nthence generally westward and southward along the southerly side of Mill\nRoad and continuing southward along the eastern side of\nPatchogue-Yaphank Road, also known as County Road 101, to the southerly\nside of Gerard Road; thence eastward along the southerly side of Gerard\nRoad to its westerly boundary known as the map of Grand Heights, filed\nin the offices of the Suffolk County clerk; thence southward along the\nwesterly map line of the filed map known as Grand Heights to the north\nside of the Long Island Expressway NYS Route 495; thence easterly along\nthe northerly side of the Long Island Expressway NYS Route 495 to the\nwesterly side of County Route 21 known as Yaphank Avenue; thence\nsouthward along the westerly side of Yaphank Avenue to the south side of\nthe Long Island Expressway; thence eastward along the south side of the\nLong Island Expressway to the westerly boundary of Southaven County\nPark, thence generally southward along the westerly boundary of\nSouthaven County Park to the northeast corner of the lands of Suffolk\nCounty identified as District 200, Section 665, Block 2, Lot 1; thence\ngenerally southward along the easterly boundary of said lot, crossing\nthe LIRR and Park Street and continuing southward along the westerly\nboundary of Davenport Avenue as shown on the old filed map known as\nBellhaven Terrace; thence southward and eastward along the westerly and\nsoutherly boundaries of the parcel identified as District 200, Section\n744, Block 1, Lot 10 to the westerly boundary of the parcel identified\nas District 200, Section 781, Block 1, Lot 3.1; thence continuing\nsoutherly along the westerly boundary of that parcel to the easterly\nboundary of Gerard Road; thence southward along the easterly boundary of\nGerard Road to Victory Avenue; thence eastward along the northerly\nboundary of Victory Avenue to a point where the west bank of the Carmans\nRiver passes under Victory Avenue and Route 27; thence south under Route\n27 to the southerly side of Montauk Highway also known as County Road\n80; thence westward along the southerly side of Montauk Highway County\nRoad 80, including lands owned by the United States known as Wertheim\nNational Wildlife Refuge (the "Refuge"), to the eastern side of Old\nStump Road; thence southward along the easterly side of Old Stump Road\nto the northerly side of Beaver Dam Road; thence eastward along the\nnortherly side of Beaver Dam Road to the lands owned by the United\nStates known as Wertheim National Wildlife Refuge (the "Refuge"),\nincluding the Carmans River; thence generally westerly and southerly to\nthe waters of Bellport Bay; thence generally easterly across the Bay and\nnortherly along the easterly boundary of the Refuge, including all lands\ncurrently part of the Refuge and any lands which may become part of the\nRefuge in the future to the east side of the southern terminus of Smith\nRoad; thence northward along the easterly side of Smith Road to the\nsouthwesterly corner of the property identified as District 200, Section\n974.50, Block 1, Lot 11; thence eastward, northward and westward in a\ncounter-clockwise direction along the southern, eastern and northern\nboundaries of that property to the easterly side of Smith Road; thence\nnorthward along the easterly side of Smith Road to the northerly side of\nMontauk Highway County Road 80; thence northeasterly to the\nsouthwesterly corner of the property identified as District 200, Section\n849, Block 2, Lot 2; thence eastward along the northerly boundary of\nMontauk Highway to the southeasterly corner of the property identified\nas District 200, Section 850, Block 3, Lot 8; thence northward to the\nnortheasterly corner of that parcel, including all lands owned by the\nUnited States known as Wertheim National Wildlife Refuge (the "Refuge")\nat any time between June 1, 1993 and the present, and any lands which\nmay become part of the Refuge in the future; thence northwestward across\nSunrise Highway (NYS Route 27) to the southwesterly corner of the\nproperty identified as District 200, Section 850, Block 2, Lot 1; thence\nnorthward along the westerly boundary of that parcel across to the\nnortherly boundary of Victory Avenue; thence westward along the\nnortherly boundary of Victory Avenue to the westerly boundary of River\nRoad; thence northward along the westerly boundary of River Road to the\nnorth side of the Long Island Rail Road right-of-way; thence easterly\nalong the northerly side of the Long Island Rail Road right-of-way to\nthe north side of Moriches-Middle Island Road; thence generally\nnorthward and westward along the northerly side of Moriches-Middle\nIsland Road to the northerly side of the Long Island Expressway; thence\nwestward along the northerly boundary of the Long Island Expressway to\nthe southeasterly corner of the Longwood Greenbelt property (the\nproperty identified as District 200, Section 583, Block 2, Lot 1.1);\nthence northward along the easterly boundary of the Longwood Greenbelt\nproperty to its northeast corner; thence eastward to the southwesterly\ncorner of the property known as District 200, Section 552, Block 1, Lot\n8; thence generally northeastward along the easterly boundary of the\nproperty identified as District 200, Section 552, Block 1, Lot 1.7 to\nthe northeasterly corner of that parcel; thence eastward along the\nsoutherly boundaries of the parcels identified as District 200, Section\n504, Block 1, Lot 8, and District 200, Section 504, Block 1, Lot 11, to\nthe westerly boundary of the William Floyd Parkway (County Route 46);\nthence northward along the westerly side of County Route 46 to a point\n2000 (two thousand) feet south of the southern bank of the Peconic River\ncrossing of County Route 46; thence generally southeastward along a line\nparallel to, and 2000 (two thousand) feet generally south or southwest\nof, and parallel to, the southernmost bank of the Peconic River to a\npoint where the Peconic River crosses the unpaved, unnamed, north-south\nfirebreak and patrol road on the eastern half of the Brookhaven National\nLaboratory property; thence southward and southwestward along the\neasterly and southeasterly boundaries of the unpaved, unnamed,\nnorth-south firebreak and patrol road starting on the eastern half of\nthe Brookhaven National Laboratory property to the Brookhaven National\nLaboratory road known as Brookhaven Avenue; thence due westward along a\nstraight line to the Brookhaven National Laboratory road known as\nPrinceton Avenue; thence westward along the southerly boundary of\nPrinceton Avenue to the unnamed Laboratory road which diverts southwest\nin the vicinity of the Laboratory gate house; thence southwestward along\nthe southerly side of the unnamed Laboratory road just described to\nCounty Route 46; thence southward along the easterly side of County\nRoute 46 to NYS Route 495; thence eastward along the northerly boundary\nof NYS Route 495 to County Route 111; thence southeastward along the\nnortherly boundary of County Route 111 to NYS Route 27 (Sunrise\nHighway); thence generally southward across NYS Route 27 to the\nwesternmost extent along NYS Route 27 of the undeveloped portion (as of\nJune 1, 1993) of the parcel assemblage comprised of those parcels\nidentified as District 200, Section 594, Block 2, Lot 4 and District\n900, Section 325, Block 1, Lot 41.2; thence southward along the westerly\nboundary of the undeveloped portion (as of June 1, 1993) of that parcel\nassemblage to County Route 71 (Old Country Road); thence eastward along\nthe northerly boundary of County Route 71 to the southeastern corner of\nthe Suffolk County Nature Preserve lands which run from NYS Route 27\nsouth to County Route 111 and which adjoin the easterly side of the\npreceding assemblage; thence northward along the easterly boundary of\nthat Suffolk County Nature Preserve assemblage (crossing the County\nRoute 111 right of way) to NYS Route 27; thence eastward along the\nsoutherly boundary of NYS Route 27 to the westerly end of 19th Street as\nshown in the old filed map contained within the tax map identified as\nDistrict 900, Section 276, Block 2; thence southward along the westerly\nboundary of that old filed map (shown in District 900, Sections 276,\n302, 303, 327, and 328), and coterminous with the westerly side of those\nparcels along the westerly side of Oishei Road, to County Route 71;\nthence eastward along the northerly boundary of County Route 71 to the\nsoutheasterly corner of the parcel identified as District 900, Section\n328, Block 2, Lot 19; thence northward along the easterly boundary of\nthat old filed map surrounding Oishei Road, and coterminous with the\neasterly side of those parcels along the easterly side of Oishei Road,\nto a point along that line due west of the northwesterly corner of the\nparcel containing the Suffolk County facilities identified as District\n900, Section 331, Block 1, Lot 1; thence due eastward along a straight\nline to the northwesterly corner of that parcel; thence eastward along\nthe northerly boundary of that parcel to its northeasterly corner shown\nin District 900, Section 307; thence due eastward along a straight line\nto Summit Boulevard; thence southward along the westerly side of Summit\nBoulevard to County Route 71; thence eastward along the northerly side\nof County Route 71, excluding all parcels abutting that road which are\ndeveloped as of June 1, 1993, to the Long Island Rail Road tracks;\nthence eastward along the northerly boundary of the Long Island Rail\nRoad tracks to County Route 31 (Old Riverhead Road); thence northward\nalong the westerly boundary of County Route 31 to that point opposite\nthe point along the easterly side of County Route 31 (north of the\nStewart Avenue intersection) at which the undeveloped portion (as of\nJune 1, 1993) of the Suffolk County Airport (Gabreski Airport) occurs;\nthence generally northward, eastward and southward around the westerly,\nnortherly and easterly boundaries of the undeveloped portion (as of June\n1, 1993) of the airport property (excluding from the Core Preservation\nArea those portions of the airport property which are occupied by the\nrunways, their associated maintenance areas, and those areas identified\nfor future use in the Suffolk County Airport Master Plan approved by the\nCounty Legislature) to the Long Island Rail Road tracks (including in\nthe Core Preservation Area those portions of the airport property which\nare adjacent to the Quogue Wildlife Refuge's westerly boundary and which\nare in their natural state); thence eastward along the northerly\nboundary of the Long Island Rail Road tracks to the southeasterly corner\nof the Town of Southampton parcel identified as District 902, Section 1,\nBlock 1, Lot 22.1; thence generally northward and eastward along the\neasterly border of that parcel and the Town of Southampton parcels to\nthe immediate north identified as District 900, Section 313, Block 1,\nLot 42.1 and District 900, Section 287, Block 1, Lot 1.55 to County\nRoute 104; thence northward along the westerly boundary of County Route\n104 to a point 1000 (one thousand) feet southward of NYS Route 27;\nthence eastward along a line parallel to, and 1000 (one thousand) feet\nsouth of, NYS Route 27, to the westerly boundary of the parcel\nidentified as District 900, Section 252, Block 1, Lot 1; thence\nsouthward along the westerly boundary of that parcel to the Long Island\nRail Road tracks; thence eastward along the northerly boundary of the\nLong Island Rail Road tracks to Montauk Highway; thence eastward along\nthe northerly boundary of Montauk Highway to that point where the\nboundary of Sears-Bellows County Park heads northward along the eastern\nside of the Munns Pond portion; thence northward along the easterly\nboundary of Sears-Bellows County Park, to NYS Route 27; thence eastward\nalong the northerly boundary of NYS Route 27 to NYS Route 24 (Riverhead\n- Hampton Bays Road); thence generally northwestward and westward along\nthe southwesterly boundary of NYS Route 24 to the easternmost extent\nalong NYS Route 24 of the Suffolk County Parkland known as Flanders or\nHubbard County Park; thence generally northward, westward, and southward\nalong the easterly, northerly, and westerly boundaries of Flanders or\nHubbard County Park, including all adjacent or contiguous undeveloped\nTown of Southampton parks, preserves, open space areas, or reserved\nareas, to NYS Route 24; thence westward along the southerly boundary of\nNYS Route 24 to Pleasure Drive; thence southward along the easterly\nboundary of Pleasure Drive a distance of 2000 (two thousand) feet,\nexcluding all parcels abutting that road which are developed as of June\n1, 1993; thence generally westward along a straight line to the\nsouthernmost extent of the NYS David Sarnoff Preserve along the westerly\nboundaries of the parcels on the westerly side of Brookhaven Avenue;\nthence generally northward and westward along the easterly and northerly\nboundary of the NYS David Sarnoff Pine Barrens Preserve, crossing County\nRoutes 105 and 104, to County Route 63 (Riverhead-Moriches Road); thence\ngenerally westward and northward along the northerly boundary of the\nSuffolk County Cranberry Bog County Nature Preserve to County Route 51;\nthence southwesterly along the westerly side of County Route 51 to the\nboundary of the Cranberry Bog County Nature Preserve; thence westward\nand northward along the northeasterly boundary of Cranberry Bog County\nNature Preserve to County Route 94 (also known as NYS Route 24, or\nNugent Drive); thence eastward along the northerly side of County Route\n94 to the County Route 94A bridge; thence northward along the westerly\nside of the County Route 94A bridge to the Riverhead-Southampton border;\nthence westward along the Riverhead-Southampton border, and the\nRiverhead-Brookhaven Border, to the Forge Road Bridge; thence northward\nalong the westerly boundary of the Forge Road Bridge to Forge Road;\nthence northwestward along the westerly boundary of Forge Road to the\nLong Island Rail Road tracks; thence northward along the westerly\nboundary of Forge Road (unpaved) to the intersection of NYS Route 25 and\nRiver Road; thence westward along the southerly boundary of River Road\nto Edwards Avenue; thence westward along the southerly boundary of River\nRoad (Grumman Boulevard or Swan Pond Road) to the southeast corner of\nthat parcel containing Conoe (or Canoe) Lake and identified as District\n600, Section 137, Block 1, Lot 1; thence northward, westward, and\nsouthward along the borders of that parcel containing Conoe (or Canoe)\nLake to River Road (Grumman Boulevard); thence westward along the\nnortherly boundary of Grumman Boulevard to the southeasternmost corner\nof the undeveloped portion (as of June 1, 1993) of the United States\nNavy/Grumman Corporation property located on the north side of Grumman\nBoulevard and adjacent to the Grumman entrance known as the South Gate;\nthence due north along the easternmost edge of that undeveloped portion\n(as of June 1, 1993) of the United States Navy/Grumman Corporation\nproperty to NYS Route 25; thence along a straight line to the northerly\nside of NYS Route 25 to a point occupied by the southeasternmost corner\nof the parcel assemblage comprised of District 600, Section 75, Block 3,\nLot 10.1, and District 600, Section 96, Block 1, Lot 14, and otherwise\nknown as Camp Wauwepex; thence northward, westward, and generally\nsouthward along the easterly, northerly, and generally westerly\nboundaries of the Camp Wauwepex assemblage to NYS Route 25; thence\nwestward along the northerly side of NYS Route 25 to Montauk Trail;\nthence northeastward along the northwesterly side of Montauk Trail to\nPanamoka Trail; thence northward along the westerly side of Panamoka\nTrail, excluding all parcels abutting that road which are developed as\nof June 1, 1993, to Matinecock Trail; thence westward along the\nsoutherly side of Matinecock Trail to the easterly boundary of\nBrookhaven State Park; thence generally northward along the easterly\nboundary of Brookhaven State Park, including all adjacent or contiguous\nundeveloped Town of Brookhaven parks, preserves, open space areas, or\nreserved areas, to its intersection with NYS Route 25A; thence westward\nalong the southerly side of NYS Route 25A to the northeast corner of the\nShoreham-Wading River school district property; thence southward,\nwestward, and northward along the easterly, southerly, and westerly\nboundaries of the Shoreham-Wading River school district property to NYS\nRoute 25A; thence westward along the southerly side of NYS Route 25A to\nCounty Route 46; thence southward along the easterly side of County\nRoute 46 to its intersection with the Suffolk County Pine Trail Nature\nPreserve; thence westward along the northerly boundary of the Suffolk\nCounty Pine Trail Nature Preserve where the Preserve is adjacent to\ndeveloped parcels or parcels in agricultural or horticultural use, or\nalong a line parallel to, and 100 (one hundred) feet north of, the\nPreserve where the Preserve is adjacent to parcels which are undeveloped\nas of June 1, 1993, to the southeastern corner of the parcel west of\nWoodlots Road and identified as District 200, Section 291, Block 1, Lot\n14.1; thence northward and westward along the easterly and northerly\nboundaries of that parcel to Whiskey Road; thence westward along the\nsoutherly side of Whiskey Road to Wading River Hollow Road; thence\nnorthward along the westerly side of Wading River Hollow Road to the\nboundary of the NYS Rocky Point Land; thence generally northward along\nthe easterly boundary of the NYS Rocky Point Land, including all\nadjacent or contiguous undeveloped Town of Brookhaven parks, preserves,\nopen space areas, or reserved areas, to NYS Route 25A; thence westward\nalong the southerly side of NYS Route 25A, excluding those parcels\nabutting that road which are developed as of June 1, 1993, and those\nlands identified for the reroute of Route 25A by the NYS Department of\nTransportation, to the northeastern corner of the parcel identified as\nDistrict 200, Section 102, Block 3, Lot 1.4; thence southward along the\nwesterly boundary of that parcel to the parcel identified as District\n200, Section 102, Block 3, Lot 1.6; thence generally westward and\nsouthward along the westerly boundaries of that parcel and the adjoining\nsoutherly parcel identified as District 200, Section 102, Block 3, Lot\n1.5 to the boundary of the NYS Rocky Point Land; thence westward along\nthe northerly boundary of the NYS Rocky Point Land to County Route 21;\nthence generally westward along a straight line across County Route 21\nto the northernmost extent along County Route 21 of the NYS Rocky Point\nLand; thence generally westward along the generally northerly boundary\nof the NYS Rocky Point Land to the point or place of beginning, and\nexcluding the area defined as beginning at a point where the southerly\nboundary of NYS Route 25 meets the easterly side of the Suffolk County\nPine Trail Nature Preserve; thence southeastward along the easterly side\nof the Suffolk County Pine Trail Nature Preserve where the Preserve is\nadjacent to developed parcels, or along a line parallel to, and 100 (one\nhundred) feet east of, the Preserve where the Preserve is adjacent to\nparcels which are undeveloped as of June 1, 1993, to the Long Island\nLighting Company high voltage transmission lines; thence northward along\nthe westerly side of the Long Island Lighting Company high voltage\ntransmission lines to NYS Route 25; thence westward along the southerly\nside of NYS Route 25 to the point or place of beginning;\nand excluding two distinct areas described as follows: Area One is the\narea defined as beginning at a point where the southerly boundary of NYS\nRoute 25 meets the easterly side of the Suffolk County Pine Trail Nature\nPreserve; thence southeastward along the easterly side of the Suffolk\nCounty Pine Trail Nature Preserve where the Preserve is adjacent to\ndeveloped parcels, or along a line parallel to, and 100 (one hundred)\nfeet east of, the Preserve where the Preserve is adjacent to parcels\nwhich are undeveloped as of June 1, 1993, to the Long Island Lighting\nCompany high voltage transmission lines; thence northward along the\nwesterly side of the Long Island Lighting Company high voltage\ntransmission lines to NYS Route 25; thence westward along the southerly\nside of NYS Route 25 to the point or place of beginning; Area Two is the\narea defined as beginning at the northwest corner of the parcel\nidentified as District 200, Section 552, Block 1, Lot 3; thence\neastward, southwestward and generally northward along the northerly,\nsoutheasterly and westerly boundaries of that parcel, containing the\nsewage treatment facility known as the Dorade facility, to the point of\nbeginning.\n  * NB Effective ... (see 58/2018 Pt. CC § 5 for expiration provisions)\n  12. "Compatible growth area" shall mean the compatible growth area\nwhich comprises that area within the central pine barrens, but outside\nthe core preservation area as defined.\n  13. "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 the\nordinance or rule divides uses into classes, a change from one class of\nuse designated in an ordinance or rule 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 grade\nor vegetation on a parcel of land excluding environmental restoration\nactivities;\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;\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 any land for the purpose of agriculture or\nhorticulture;\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 and\nsuch clearing as may be reasonably required for the maintenance or\nexpansion of scouting activities;\n  (viii) a change in use of land or structure from a use within a class\nspecified in an ordinance or rule to another use in the same class;\n  (ix) residential development on any subdivision, residential clustered\ndevelopment, land division or site plan which has received preliminary\nor final approval on or before June first, nineteen hundred\nninety-three, providing the lots to be built upon conform to the lot\narea requirements of the current zoning, are subject to the three year\nexemption contained in section two hundred sixty-five-a of the town law,\nor are subject to an exemption from an upzoning adopted by a town board;\n  (x) in the core preservation area, construction of one single family\nhome and customary accessory uses thereto on those parcels identified in\nthe comprehensive land use plan adopted by the commission in June of\nnineteen hundred ninety-five and as amended on February twenty-first,\ntwo thousand one;\n  (xi) in the compatible growth area, construction of single family\nhomes and customary accessory uses thereto on any lot held on June 1,\n1993 in ownership singly and separately from adjacent lots;\n  (xii) in the compatible growth area, continuation of existing\nnon-conforming uses, and activities permitted by special permit or\nspecial exception, including renewals of said special permits or\nexceptions;\n  (xiii) in the compatible growth area, land divisions or subdivisions\nin the compatible growth area consisting of five or fewer residential\nlots which conform to the lot area requirement of the existing zoning\nfor the subject parcel;\n  (xiv) in the compatible growth area, renovations, reconstructions,\nadditions or extensions to existing commercial or industrial uses\nproviding the addition or extension conforms to the uses permitted in\nthe zoning district in which said parcel is located and which does not\nincrease existing square footage by more than twenty-five percent; or\n  (xv) in the core preservation area, the state or public corporation\nprojects on parcels identified in the comprehensive land use plan\nadopted by the commission in June of nineteen hundred ninety-five, as\namended on February twenty-first, two thousand one and October\ntwentieth, two thousand four.\n  Development as designated in an ordinance, rule, or development permit\nincludes all other development customarily associated with it unless\notherwise specified.\n  14. "Agriculture" or "horticulture" shall mean any production of\nplants or animals useful to man, including but not limited to: forage or\nsod crops; grains and feed crops; dairy animals and dairy products;\npoultry and poultry products; livestock, including beef cattle, sheep,\nswine, horses, ponies, mules or goats, and including the breeding and\ngrazing of any or all of such animals; bees and apiary products; fur\nanimals; trees and forest products; fruits of all kinds including\nwineries; vegetables; nursery, floral, ornamental and greenhouse\nproducts and farmstands for selling products raised or produced on site\nand other associated structures required for their production.\n
N.Y. EDN Law § 230 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 230
Municipal training institute
Status: in_force

§ 230. Municipal training institute.  The municipal training institute\nof the state of New York, a corporation created by the regents pursuant\nto section two hundred sixteen of the education law for the purpose of\nimproving the administration of municipal affairs by providing courses\nof training for municipal officials in cities and villages of the state\nand conducting schools therefor having received an absolute charter\nunder section two hundred sixteen, and the regents having approved the\ncourses of study and plan of instruction of such institute, the cost of\ncarrying out the program of the institute may be defrayed in part with\ngrants of federal vocational education moneys made to the regents under\nacts of congress for training those in public and other service\noccupations.\n
N.Y. PBH Law § 403 — New York Code / Act PBH / Article 4 / Title 1 / Section 403
Hospitals; property; authority to acquire and to hold
Status: in_force

§ 403. Hospitals; property; authority to acquire and to hold. 1. The\nfollowing state hospitals are hereby continued in the department for the\npurposes for which they have been respectively established:\n  (a) The Helen Hayes hospital;\n  (b) Roswell Park Cancer Institute;\n  (c) The New York state home for veterans and their dependents at\nOxford;\n  (d) The New York state home for veterans in the city of New York;\n  (e) The New York state home for veterans in western New York;\n  (f) The New York state home for veterans in the lower-Hudson Valley.\n  2. Notwithstanding any other inconsistent provisions of law,\nincluding, but not limited to, article four-C of the economic\ndevelopment law, and subject to the provisions of any lease, loan\nagreement or other agreement with the dormitory authority of the state\nof New York or any predecessor or successor agency or corporation, the\ncommissioner, with the approval of the director of the budget, may\ncontract with the Roswell Park Cancer Institute corporation, for the\ntransfer of the operations of the Roswell Park Cancer Institute or any\npart thereof, practice plan or of any other program operated by such\nhospital. Such contract shall include terms and conditions under which\nthe Roswell Park Cancer Institute corporation may issue bonds, notes or\nother evidences of indebtedness.  Payments made pursuant to such\ncontract or any other contracts between the department of health and the\nRoswell Park Cancer Institute corporation shall be limited to amounts\nmade available pursuant to appropriations.  Upon the transfer of the\noperations of Roswell Park Cancer Institute to the Roswell Park Cancer\nInstitute corporation, the Roswell Park Cancer Institute corporation\nshall operate the Roswell Park Cancer Institute for the department in\naccordance with the terms of any lease or other agreement between the\ndepartment and the dormitory authority pertaining to the use, operation,\nmaintenance and replacement of Roswell Park Cancer Institute.\n
N.Y. PBA Law § 3655 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3655
Declaration of need
Status: in_force

§ 3655. Declaration of need. 1. The county shall determine and declare\nwhether it requests the authority to undertake a financing of costs. Any\nsuch request shall be made by the county executive and approved by the\nlegislature. Any such financing shall be consistent with the adopted\nbudget and financial plan required under sections thirty-six hundred\nsixty-six and thirty-six hundred sixty-seven of this title, as\napplicable.\n  2. Upon declaration by the county of such need, the county executive\nshall request that the authority provide financing in accordance with\nthe provisions of this title.\n  3. Upon approval by the authority, in its discretion in accordance\nwith the provisions of this title, of such financing request, the\nauthority may enter into agreements with the county, and the county,\nacting by the county executive, approved by the legislature, may enter\ninto agreements with the authority in accordance with the provisions of\nthis title as to the financing of costs by the authority, the\napplication of tax revenues to the authority to secure its bonds, and\nfurther assurances in respect of the authority's receipt of such\nrevenues and the fiscal affairs of the county, including but not limited\nto the manner of preparation of budget reports and financial plans as\nprovided for in sections thirty-six hundred sixty-six and thirty-six\nhundred sixty-seven of this title, as applicable. The authority's\nrevenues shall not be deemed funds of the county. Any such agreements\nmay be pledged by the authority to secure its bonds and may not be\nmodified thereafter except as provided by the terms of the pledge.\n  4. Such agreements shall (a) describe the particular financeable costs\nto be financed in whole or in part by the authority, (b) describe the\nplan for the financing of the costs, (c) set forth the method by which\nand by whom and the terms and conditions upon which money provided by\nthe authority shall be disbursed to the county, (d) where appropriate,\nprovide for the payment of such costs by the county under such contracts\nas shall be awarded by the county or for the county to make a capital\ncontribution of such proceeds as county funds to another entity for the\npayment or reimbursement of such costs, and (e) require every contract\nentered into by the county, or another entity receiving funds from the\ncounty, for costs to be financed in whole or in part by the authority to\nbe subject to the provisions of the county charter and other applicable\nlaws governing contracts of the county or such entity, as the case may\nbe. Nothing contained in this title shall relieve or modify the\napplication to the county or any entity acting on behalf of the county\nor any covered organization of the requirements of law relating (i) to\ncontracts for procurement, design, construction, services and materials,\nor (ii) the provisions of section two hundred twenty of the labor law,\nor (iii) the provisions of article five-A of the general municipal law.\n  5. At least annually, commencing no more than one year after the date\non which authority bonds are first issued, the county executive shall\nreport to the authority, the comptroller, the legislature, the state\ncomptroller, the chairs of the senate finance committee and the assembly\nways and means committee, and the director of the budget on the costs\nfinanced by the authority and the amount of such financing over the past\nyear, which report shall describe, by reference to the specific items in\nthe county's budget or financial plan, its compliance therewith.\n
N.Y. VAT Law § 114-E — New York Code / Act VAT / Title 1 / Article 1 / Section 114-E
Electric scooter
Status: in_force

§ 114-e. Electric scooter. Every device weighing less than one hundred\npounds that (a) has handlebars, a floorboard or a seat that can be stood\nor sat upon by the operator, and an electric motor, (b) can be powered\nby the electric motor and/or human power, and (c) has a maximum speed of\nno more than twenty miles per hour on a paved level surface when powered\nsolely by the electric motor.\n
N.Y. EDN Law § 632 — New York Code / Act EDN / Title 1 / Article 13-B / Section 632
Non-exclusivity of rights or remedies
Status: in_force

§ 632. Non-exclusivity of rights or remedies. Nothing in this article\nshall be construed to limit, in any manner, any rights or remedies\notherwise available under law to any person or entity, including, but\nnot limited to, the attorney general of the state of New York.\n
N.Y. GMU Law § 854 — New York Code / Act GMU / Article 18-A / Title 1 / Section 854
Definitions
Status: in_force

§ 854. Definitions. As used in this act, unless the context otherwise\nrequires:\n  (1) "Agency"--shall mean an Industrial Development Agency created\npursuant to this act.\n  (2) "Bonds"--shall mean the bonds, notes, interim certificates and\nother obligations issued by the agency pursuant to this act.\n  (3) "Municipality"--shall mean any county, city, village, town or\nIndian reservation in the state.\n  (4) "Project" - shall mean any land, any building or other\nimprovement, and all real and personal properties located within the\nstate of New York and within or outside or partially within and\npartially outside the municipality for whose benefit the agency was\ncreated, including, but not limited to, machinery, equipment and other\nfacilities deemed necessary or desirable in connection therewith, or\nincidental thereto, whether or not now in existence or under\nconstruction, which shall be suitable for manufacturing, warehousing,\nresearch, commercial, renewable energy or industrial purposes or other\neconomically sound purposes identified and called for to implement a\nstate designated urban cultural park management plan as provided in\ntitle G of the parks, recreation and historic preservation law and which\nmay include or mean an industrial pollution control facility, a\nrecreation facility, educational or cultural facility, a horse racing\nfacility, a railroad facility, a renewable energy project or an\nautomobile racing facility, provided, however, no agency shall use its\nfunds or provide financial assistance in respect of any project wholly\nor partially outside the municipality for whose benefit the agency was\ncreated without the prior consent thereto by the governing body or\nbodies of all the other municipalities in which a part or parts of the\nproject is, or is to be, located, and such portion of the project\nlocated outside such municipality for whose benefit the agency was\ncreated shall be contiguous with the portion of the project inside such\nmunicipality.\n  (5) "Governing body"--shall mean the board or body in which the\ngeneral legislative powers of the municipality are vested.\n  (6) "Mortgage"--shall mean a mortgage or other security device.\n  (7) "Revenues"--shall mean all rents, revenues, fees, charges and\nother sources of income derived by the agency from the leasing, sale or\nother disposition of a project or projects.\n  (8) "Industrial pollution control facility"--shall mean any equipment,\nimprovement, structure or facility or any land and any building,\nstructure, facility or other improvement thereon, or any combination\nthereof, and all real and personal property deemed necessary therewith,\nwhich if within any city are not of a character or nature then or\nformerly furnished or supplied by the city, having to do with or the end\npurpose of which is the control, abatement or prevention of land, sewer,\nwater, air, noise or general environmental pollution deriving from the\noperation of industrial, manufacturing, warehousing, commercial,\nrecreation and research facilities, including, but not limited to any\nair pollution control facility, noise abatement facility, water\nmanagement facility, waste water collecting system, waste water\ntreatment works, sewage treatment works system, sewage treatment system\nor solid waste disposal facility or site.\n  (9) "Recreation facility"--shall mean any facility for the use of the\ngeneral public as spectators or participants in recreation activities,\nincluding but not limited to skiing, golfing, swimming, tennis, ice\nskating or ice hockey facilities, together with all buildings,\nstructures, machinery, equipment, facilities and appurtenances thereto\nwhich the agency may deem necessary, useful or desirable in connection\nwith the construction, improvement or operation of any such facility,\nincluding overnight accommodations and other facilities incidental\nthereto and facilities that may permit the use of recreation facilities\nby the general public as participants in recreation activities, but\nshall not include facilities for automobile or horse racing or other\nsimilar activities.\n  (10) "Horse racing facility"--shall mean any facility for the use of\nthe general public for purpose of conducting pari-mutuel wagering,\nlicensed by the state gaming commission, as of January first, nineteen\nhundred seventy-seven, except non-profit racing associations, including\nbuildings, structures, machinery, equipments, facilities and\nappurtenances thereto, the construction, reconstruction, acquisition\nand/or improvement of which shall have been approved by the state gaming\ncommission, and that the agency may deem necessary, useful or desirable\nin connection with the construction, improvement or operation of such\nracing facility.\n  (11) "Railroad facility"--shall mean, but shall not be limited to,\nrailroad rights-of-way, beds, bridges, viaducts, tracks, switches and\nrolling stock and any other attendant structure, equipment, facility or\nproperty necessary or appropriate to railroading conducted in\nconjunction with industrial, commerical, manufacturing, recreational or\nwarehousing operations; provided, however, that (i) no agency shall\nitself operate a railroad facility for freight or passenger service, but\nmay lease or otherwise make such facility available to an operator,\nsubject to an agreement for the maintenance and operation of such\nfacility for freight or passenger service, provided that passenger\nservice does not constitute the primary purpose of the railroad\nfacility; (ii) prior to undertaking any project involving acquisition,\nconstruction, reconstruction, improvement, maintenance, equipping or\nfurnishing of a railroad facility, an agency shall submit its plans for\nthe proposed project to the commissioner of transportation; the\ncommissioner shall, within sixty days of his receipt of the proposal,\nsubmit an analysis of the financial and operational feasibility of the\nproposed project, along with any recommendations for modification for\nimproving the project's viability, to the agency, the governor, the\ncommissioner of commerce, the temporary president of the senate, the\nspeaker of the assembly and the governing body of the municipality in\nwhich the agency is located; and (iii) no agency shall enter into any\ncontract for the acquisition, construction, reconstruction, improvement,\nmaintenance, equipping or furnishing of a railroad facility until\nfifteen days after the submission of the analysis and recommendations of\nthe commissioner of transportation, or seventy-five days after\nsubmission of the agency's plan to the commissioner, whichever is\nearlier.\n  (12) "Educational or cultural facility"--shall mean any facility\nidentified and called for to implement a state designated heritage area\nmanagement plan as provided in title G of the parks, recreation and\nhistoric preservation law that is open to the public at large as\nparticipants in educational and cultural activities including but not\nlimited to theaters, museums, exhibitions and festival and interpretive\nfacilities, together with buildings, structures, machinery, equipment,\nfacilities and appurtenances thereto which the agency may deem\nnecessary, useful or desirable in connection with the construction,\nimprovement or operation of any such facility, including overnight\naccommodations and other facilities incidental thereto and facilities\nthat may permit the use of educational or cultural facilities by the\ngeneral public.\n  (14) "Financial assistance" - shall mean the proceeds of bonds issued\nby an agency, straight-leases, or exemptions from taxation claimed by a\nproject occupant as a result of an agency taking title, possession or\ncontrol (by lease, license or otherwise) to the property or equipment of\nsuch project occupant or of such project occupant acting as an agent of\nan agency.\n  (15) "Straight-lease transaction" - shall mean a transaction in which\nan agency takes title, possession or control (by lease, license or\notherwise) to the property or equipment of a project occupant, entitling\nsuch property or equipment to be exempt from taxation according to the\nprovisions of section eight hundred seventy-four of this article, and no\nfinancial assistance in the form of the proceeds of bonds issued by the\nagency is provided to the project occupant.\n  (16) "Affected tax jurisdiction" - shall mean any municipality or\nschool district, in which a project is located, which will fail to\nreceive real property tax payments, or other tax payments which would\notherwise be due, except for the tax exempt status of an agency involved\nin a project.\n  (17) "Payments in lieu of taxes" - shall mean any payment made to an\nagency, or affected tax jurisdiction equal to the amount, or a portion\nof, real property taxes, or other taxes, which would have been levied by\nor on behalf of an affected tax jurisdiction if the project was not tax\nexempt by reason of agency involvement.\n  (18) "Highly distressed area" - shall mean (a) a census tract or\ntracts or block numbering areas or areas or such census tract or block\nnumbering area contiguous thereto which, according to the most recent\ncensus data available, has:\n  (i) a poverty rate of at least twenty percent for the year to which\nthe data relates or at least twenty percent of households receiving\npublic assistance; and\n  (ii) an unemployment rate of at least 1.25 times the statewide\nunemployment rate for the year to which the data relates; or\n  (b) a city, town, village or county within a city with a population of\none million or more for which: (i) the ratio of the full value property\nwealth, as determined by the comptroller for the year nineteen hundred\nninety, per resident to the statewide average full value property wealth\nper resident; and (ii) the ratio of the income per resident; as shown in\nthe nineteen hundred ninety census to the statewide average income per\nresident; are each fifty-five percent or less of the statewide average;\nor\n  (c) an area which was designated an empire zone pursuant to article\neighteen-B of this chapter.\n  (19) "Continuing care retirement community" - shall mean any facility\nthat has been granted a certificate of authority pursuant to article\nforty-six or forty-six-A of the public health law and is established to\nprovide, pursuant to continuing care retirement contracts approved\npursuant to article forty-six of the public health law, or\nfee-for-service continuing care contracts approved pursuant to article\nforty-six-A of the public health law, a comprehensive, cohesive living\narrangement for the elderly, and certified by the commissioner of\nhealth, that (i) has been approved for the issuance of industrial\ndevelopment agency bonds by the continuing care retirement community\ncouncil pursuant to section forty-six hundred four-a of the public\nhealth law except that paragraphs b and g of subdivision two of section\nforty-six hundred four-a of the public health law shall not apply to a\ncontinuing care retirement community granted a certificate of authority\npursuant to article forty-six-A of the public health law and (ii) is a\nnot-for-profit corporation as defined in section one hundred two of the\nnot-for-profit corporation law that is (a) eligible for tax-exempt\nfinancing under section forty-six hundred four-a of the public health\nlaw and this chapter and (b) is exempt from taxation pursuant to section\n501(c)(3) of the federal internal revenue code; except that "continuing\ncare retirement community" shall not include a facility granted a\ncertificate of authority upon application of a state or local government\napplicant.\n  (20) "Automobile racing facility" shall mean any closed-course\nmotorsports complex and its ancillary grounds that has at least fifty\nthousand fixed seats for race patrons and hosts at least one NASCAR\nSprint Cup series race and at least two other nationally recognized\nracing events each calendar year.\n  (21) "Renewable energy project" shall mean any project and associated\nreal property on which the project is situated, that utilizes any system\nor equipment as set forth in section four hundred eighty-seven of the\nreal property tax law or as defined pursuant to paragraph b of\nsubdivision one of section sixty-six-p of the public service law as\nadded by chapter one hundred six of the laws of two thousand nineteen.\n
N.Y. PBH Law § 2504-B — New York Code / Act PBH / Article 25 / Title 1 / Section 2504-B
Information concerning pelvic exams
Status: in_force

§ 2504-b. Information concerning pelvic exams. 1. On or before July\nfirst, two thousand twenty-two, the department shall develop an\ninformational pamphlet for patients undergoing pelvic examinations. In\ndeveloping the pamphlet, the department shall consult with state\nprofessional societies representing physicians in general, obstetricians\nand gynecologists, family practice physicians, nurse practitioners,\nphysician assistants and midwives. The pamphlet shall include but not be\nlimited to information concerning, the following:\n  (a) what a pelvic exam is and how it is properly performed;\n  (b) if applicable, a description of other relevant exams;\n  (c) privacy expectations, including that privacy should be provided\nfor the patient both when undressing and dressing and that a gown or a\ndrape should be provided;\n  (d) an explanation of what a speculum is and how it should be properly\nused during an examination;\n  (e) that gloves should be worn by the practitioner during the\nexamination; and\n  (f) a telephone number for the office of professional medical conduct\nin the department and the office of the professions in the state\neducation department, at which a patient may report any misconduct that\nthe patient feels may have occurred.\n  2. The informational pamphlet shall be made available for use by\npractitioners. The informational pamphlet shall be posted as a printable\nfile on the department's internet website, and may also be made\navailable for order as a printed deliverable on the department's\ninternet website.\n  3. The informational pamphlet shall be written in layperson's language\nand shall be made available in English and the six most common\nnon-English languages spoken by individuals with limited English\nproficiency in New York state as based on the most recent census.\n  4. A practitioner may provide the patient the informational pamphlet\ndeveloped pursuant to this section.\n  5. For purposes of this section, "practitioner" means a health care\nprofessional licensed, certified, or otherwise authorized to practice\nunder the education law, acting within the scope of practice.\n
N.Y. ENV Law § 52-0103 — New York Code / Act ENV / Article 52 / Title 1 / Section 52-0103
Allocation of moneys
Status: in_force

§ 52-0103. Allocation of moneys.\n  The moneys received by the state from the sale of bonds pursuant to\nthe environmental quality bond act of nineteen hundred eighty-six shall\nbe expended in the following amounts pursuant to appropriations and as\nspecifically provided for in titles three, seven and nine of this\narticle, and title five of article fifty-four of this chapter:\n  1. For remediation of hazardous waste sites, as set forth in title\nthree of this article and for the closure of municipal landfills, as set\nforth in title five of article fifty-four of this chapter, one billion\ntwo hundred million dollars of which: (i) up to one hundred million\ndollars shall be made available for state assistance payments toward the\ncost of the closure of municipal landfills, as set forth in title five\nof article fifty-four of this chapter; and (ii) up to one hundred\nthousand dollars shall be made available for the study of hazardous\nsubstance waste disposal sites, as defined in section 27-1316 of this\nchapter; and\n  2. For acquisition, preservation and improvement of lands, for\nhistoric preservation, and for municipal parks, as set forth in titles\nseven and nine of this article chapter, two hundred fifty million\ndollars.\n
N.Y. MRE Law § 104 — New York Code / Act MRE / Article 5 / Title 1 / Section 104
Size of rooms
Status: in_force

§ 104. Size of rooms.  1. Every living room, except kitchens, shall\ncontain at least eighty square feet of floor space and shall be not less\nthan eight feet in its least horizontal dimension. However, in every\npermanently occupied dwelling, one living room in each apartment or\nsuite shall have at least one hundred thirty-two square feet of floor\nspace.\n  2. Every living room shall be at least seven and a half feet high, the\nmeasurements in all cases to be taken from the finished floor to the\nfinished underside of the ceiling. Beams crossing the ceiling may be\ndisregarded if none of them extends below the ceiling more than six\ninches.\n
N.Y. PBH Law § 2996 — New York Code / Act PBH / Article 29-D / Title 1 / Section 2996
Study of physician credentialing
Status: in_force

§ 2996. Study of physician credentialing. 1. The department shall\nexamine the feasibility of establishing a clearinghouse for\ncredentialing information to reduce the burden for physicians required\nto submit credentials to entities licensed and regulated by the state.\nAs part of such examination, the department shall:\n  (a) examine the efficacy of the credentialing process prescribed by\nsection twenty-eight hundred five-j of this chapter;\n  (b) determine which methods of organizing such a clearinghouse with\nstandardized data in a standardized format will provide the greatest\nusability and convenience to health care providers and health care\nplans;\n  (c) identify the most appropriate entity to administer such a\nclearinghouse, and verify collected credential information; and\n  (d) identify safeguards to protect the privacy of providers\nparticipating in such a credentialing system.\n  2. The department shall provide a report of its findings and\nrecommendations to the governor and legislature within eighteen months\nof the effective date of this section.\n
N.Y. RPT Law § 305 — New York Code / Act RPT / Article 3 / Title 1 / Section 305
Assessment methods and standard
Status: in_force

§ 305. Assessment methods and standard. 1. The existing assessing\nmethods in effect in each assessing unit on the effective date of this\nsection may continue.\n  2. All real property in each assessing unit shall be assessed at a\nuniform percentage of value (fractional assessment) except that, if the\nadministrative code of a city with a population of one million or more\npermitted, prior to January first, nineteen hundred eighty-one, a\nclassified assessment standard, such standard shall govern unless such\ncity by local law shall elect to be governed by the provisions of this\nsection.\n  3. Any assessing unit in which assessments are at full value by reason\nof a revaluation may adopt a level of assessment in accordance with this\nsection.\n
N.Y. SOS Law § 384-B — New York Code / Act SOS / Article 6 / Title 1 / Section 384-B
Guardianship and custody of destitute or dependent children; commitment by court order; modification of commitment and restoration of par...
Status: in_force

§ 384-b. Guardianship and custody of destitute or dependent children;\ncommitment by court order; modification of commitment and restoration of\nparental rights.\n  1. Statement of legislative findings and intent.\n  (a) The legislature recognizes that the health and safety of children\nis of paramount importance. To the extent it is consistent with the\nhealth and safety of the child, the legislature further hereby finds\nthat:\n  (i) it is desirable for children to grow up with a normal family life\nin a permanent home and that such circumstance offers the best\nopportunity for children to develop and thrive;\n  (ii) it is generally desirable for the child to remain with or be\nreturned to the birth parent because the child's need for a normal\nfamily life will usually best be met in the home of its birth parent,\nand that parents are entitled to bring up their own children unless the\nbest interests of the child would be thereby endangered;\n  (iii) the state's first obligation is to help the family with services\nto prevent its break-up or to reunite it if the child has already left\nhome; and\n  (iv) when it is clear that the birth parent cannot or will not provide\na normal family home for the child and when continued foster care is not\nan appropriate plan for the child, then a permanent alternative home\nshould be sought for the child.\n  (b) The legislature further finds that many children who have been\nplaced in foster care experience unnecessarily protracted stays in such\ncare without being adopted or returned to their parents or other\ncustodians. Such unnecessary stays may deprive these children of\npositive, nurturing family relationships and have deleterious effects on\ntheir development into responsible, productive citizens. The legislature\nfurther finds that provision of a timely procedure for the termination,\nin appropriate cases, of the rights of the birth parents could reduce\nsuch unnecessary stays.\n  It is the intent of the legislature in enacting this section to\nprovide procedures not only assuring that the rights of the birth parent\nare protected, but also, where positive, nurturing parent-child\nrelationships no longer exist, furthering the best interests, needs, and\nrights of the child by terminating parental rights and freeing the child\nfor adoption.\n  2. For the purposes of this section, (a) "child" shall mean a person\nunder the age of eighteen years; and, (b) "parent" shall include an\nincarcerated parent unless otherwise qualified.\n  3. (a) The guardianship of the person and the custody of a destitute\nor dependent child may be committed to an authorized agency, or to a\nfoster parent authorized pursuant to section one thousand eighty-nine of\nthe family court act to institute a proceeding under this section, or to\na relative with care and custody of the child, by order of a surrogate\nor judge of the family court, as hereinafter provided. Where such\nguardianship and custody is committed to a foster parent or to a\nrelative with care and custody of the child, the family court or\nsurrogate's court shall retain continuing jurisdiction over the parties\nand the child and may, upon its own motion or the motion of any party,\nrevoke, modify or extend its order, if the foster parent or relative\nfails to institute a proceeding for the adoption of the child within six\nmonths after the entry of the order committing the guardianship and\ncustody of the child to such foster parent or relative. Where the foster\nparent or relative institutes a proceeding for the adoption of the child\nand the adoption petition is finally denied or dismissed, the court\nwhich committed the guardianship and custody of the child to the foster\nparent or relative shall revoke the order of commitment. Where the court\nrevokes an order committing the guardianship and custody of a child to a\nfoster parent or relative, it shall commit the guardianship and custody\nof the child to an authorized agency.\n  (b) A proceeding under this section may be originated by an authorized\nagency or by a foster parent authorized to do so pursuant to section one\nthousand eighty-nine of the family court act or by a relative with care\nand custody of the child or, if an authorized agency ordered by the\ncourt to originate a proceeding under this section fails to do so within\nthe time fixed by the court, by the child's attorney or guardian ad\nlitem on the court's direction.\n  (c) Where a child was placed or continued in foster care pursuant to\narticle ten, ten-A or ten-C of the family court act or section three\nhundred fifty-eight-a of this chapter, a proceeding under this section\nshall be originated in the family court in the county in which the\nproceeding pursuant to article ten, ten-A or ten-C of the family court\nact or section three hundred fifty-eight-a of this chapter was last\nheard and shall be assigned, wherever practicable, to the judge who last\nheard such proceeding. Where multiple proceedings are commenced under\nthis section concerning a child and one or more siblings or\nhalf-siblings of such child, placed or continued in foster care with the\nsame commissioner pursuant to section one thousand fifty-five, one\nthousand eighty-nine or one thousand ninety-five of the family court\nact, all of such proceedings may be commenced jointly in the family\ncourt in any county which last heard a proceeding under article ten,\nten-A or ten-C of the family court act regarding any of the children who\nare the subjects of the proceedings under this section. In such\ninstances, the case shall be assigned, wherever practicable, to the\njudge who last presided over such proceeding. In any other case, a\nproceeding under this section, including a proceeding brought in the\nsurrogate's court, shall be originated in the county where either of the\nparents of the child reside at the time of the filing of the petition,\nif known, or, if such residence is not known, in the county in which the\nauthorized agency has an office for the regular conduct of business or\nin which the child resides at the time of the initiation of the\nproceeding. To the extent possible, the court shall, when appointing an\nattorney for the child, appoint an attorney who has previously\nrepresented the child.\n  (c-1) Before hearing a petition under this section, the court in which\nthe termination of parental rights petition has been filed shall\nascertain whether the child is under the jurisdiction of a family court\npursuant to a placement in a child protective or foster care proceeding\nor continuation in out-of-home care pursuant to a permanency hearing\nand, if so, which court exercised jurisdiction over the most recent\nproceeding. If the court determines that the child is under the\njurisdiction of a different family court, the court in which the\ntermination of parental rights petition was filed shall stay its\nproceeding for not more than thirty days and shall communicate with the\ncourt that exercised jurisdiction over the most recent proceeding. The\ncommunication shall be recorded or summarized on the record by the court\nin which the termination of parental rights petition was filed. Both\ncourts shall notify the parties and child's attorney, if any, in their\nrespective proceedings and shall give them an opportunity to present\nfacts and legal argument or to participate in the communication prior to\nthe issuance of a decision on jurisdiction. The court that exercised\njurisdiction over the most recent proceeding shall determine whether it\nwill accept or decline jurisdiction over the termination of parental\nrights petition. This determination of jurisdiction shall be\nincorporated into an order regarding jurisdiction that shall be issued\nby the court in which the termination of parental rights petition was\nfiled within thirty days of such filing. If the court that exercised\njurisdiction over the most recent proceeding determines that it should\nexercise jurisdiction over the termination of parental rights petition,\nthe order shall require that the petition shall be transferred to that\ncourt forthwith but in no event more than thirty-five days after the\nfiling of the petition. The petition shall be assigned, wherever\npracticable, to the judge who heard the most recent proceeding. If the\ncourt that exercised jurisdiction over the most recent proceeding\ndeclines to exercise jurisdiction over the adoption petition, the court\nin which the termination of parental rights petition was filed shall\nissue an order incorporating that determination and shall proceed\nforthwith.\n  (d) The family court shall have exclusive, original jurisdiction over\nany proceeding brought upon grounds specified in paragraph (c), (d) or\n(e) of subdivision four of this section, and the family court and\nsurrogate's court shall have concurrent, original jurisdiction over any\nproceeding brought upon grounds specified in paragraph (a) or (b) of\nsubdivision four of this section, except as provided in paragraphs (c)\nand (c-1) of this subdivision.\n  (e) A proceeding under this section is originated by a petition on\nnotice served upon the child's parent or parents, the attorney for the\nchild's parent or parents and upon such other persons as the court may\nin its discretion prescribe. Such notice shall inform the parents and\nsuch other persons that the proceeding may result in an order freeing\nthe child for adoption without the consent of or notice to the parents\nor such other persons. Such notice also shall inform the parents and\nsuch other persons of their right to the assistance of counsel,\nincluding any right they may have to have counsel assigned by the court\nin any case where they are financially unable to obtain counsel. When\nthe proceeding is initiated in family court service of the petition and\nother process shall be made in accordance with the provisions of section\nsix hundred seventeen of the family court act, and when the proceeding\nis initiated in surrogate's court, service shall be made in accordance\nwith the provisions of section three hundred seven of the surrogate's\ncourt procedure act. When the proceeding is initiated on the grounds of\nabandonment of a child less than one year of age at the time of the\ntransfer of the care and custody of such child to a local social\nservices official, the court shall take judicial notice of efforts to\nlocate the child's parents or other known relatives or other persons\nlegally responsible pursuant to paragraph (ii) of subdivision (b) of\nsection one thousand fifty-five of the family court act.\n  (f) In any proceeding under this section in which the surrogate's\ncourt has exercised jurisdiction, the provisions of the surrogate's\ncourt procedure act shall apply to the extent that they do not conflict\nwith the specific provisions of this section. In any proceeding under\nthis section in which the family court has exercised jurisdiction, the\nprovisions of articles one, two and eleven of the family court act shall\napply to the extent that they do not conflict with the specific\nprovisions of this section. In any proceeding under this section, the\nprovisions and limitations of article thirty-one of the civil practice\nlaw and rules shall apply to the extent that they do not conflict with\nthe specific provisions of this section. In determining any motion for a\nprotective order, the court shall consider the need of the party for the\ndiscovery to assist in the preparation of the case and any potential\nharm to the child from the discovery. The court shall set a schedule for\ndiscovery to avoid unnecessary delay. Any proceeding originated in\nfamily court upon the ground specified in paragraph (d) of subdivision\nfour of this section shall be conducted in accordance with the\nprovisions of part one of article six of the family court act.\n  (g) (i) An order committing the guardianship and custody of a child\npursuant to this section shall be granted only upon a finding that one\nor more of the grounds specified in subdivision four of this section are\nbased upon clear and convincing proof.\n  (ii) Where a proceeding has been properly commenced under this section\nby the filing of a petition before the eighteenth birthday of a child,\nan order committing the guardianship and custody of a child pursuant to\nthis section upon a finding under subdivision four of this section shall\nbe granted after the eighteenth birthday of a child where the child\nconsents to such disposition.\n  (h) In any proceeding brought upon a ground set forth in paragraph (c)\nof subdivision four, neither the privilege attaching to confidential\ncommunications between husband and wife, as set forth in section\nforty-five hundred two of the civil practice law and rules, nor the\nphysician-patient and related privileges, as set forth in section\nforty-five hundred four of the civil practice law and rules, nor the\npsychologist-client privilege, as set forth in section forty-five\nhundred seven of the civil practice law and rules, nor the social\nworker-client privilege, as set forth in section forty-five hundred\neight of the civil practice law and rules, shall be a ground for\nexcluding evidence which otherwise would be admissible.\n  (i) In a proceeding instituted by an authorized agency pursuant to the\nprovisions of this section, proof of the likelihood that the child will\nbe placed for adoption shall not be required in determining whether the\nbest interests of the child would be promoted by the commitment of the\nguardianship and custody of the child to an authorized agency.\n  (j) The order and the papers upon which it was granted in a proceeding\nunder this section shall be filed in the court, and a certified copy of\nsuch order shall also be filed in the office of the county clerk of the\ncounty in which such court is located, there to be recorded and to be\ninspected or examined in the same manner as a surrender instrument,\npursuant to the provisions of section three hundred eighty-four of this\nchapter.\n  (k) Where the child is over fourteen years of age, the court may, in\nits discretion, consider the wishes of the child in determining whether\nthe best interests of the child would be promoted by the commitment of\nthe guardianship and custody of the child.\n  (l) (i) Notwithstanding any other law to the contrary, whenever: the\nchild shall have been in foster care for fifteen months of the most\nrecent twenty-two months; or a court of competent jurisdiction has\ndetermined the child to be an abandoned child; or the parent has been\nconvicted of a crime as set forth in subdivision eight of this section,\nthe authorized agency having care of the child shall file a petition\npursuant to this section unless based on a case by case determination:\n(A) the child is being cared for by a relative or relatives; or (B) the\nagency has documented in the most recent case plan, a copy of which has\nbeen made available to the court, a compelling reason for determining\nthat the filing of a petition would not be in the best interest of the\nchild; or (C) the agency has not provided to the parent or parents of\nthe child such services as it deems necessary for the safe return of the\nchild to the parent or parents, unless such services are not legally\nrequired; or (D) the parent or parents are incarcerated, in immigration\ndetention or immigration removal proceedings, or participating in a\nresidential substance abuse treatment program, or the prior\nincarceration, immigration detention or immigration removal proceedings,\nor participation of a parent or parents in a residential substance abuse\ntreatment program is a significant factor in why the child has been in\nfoster care for fifteen of the last twenty-two months, provided that the\nparent maintains a meaningful role in the child's life based on the\ncriteria set forth in subparagraph (v) of this paragraph and the agency\nhas not documented a reason why it would otherwise be appropriate to\nfile a petition pursuant to this section.\n  (ii) For the purposes of this section, a compelling reason whereby a\nsocial services official is not required to file a petition for\ntermination of parental rights in accordance with subparagraph (i) of\nthis paragraph includes, but is not limited to, where:\n  (A) the child was placed into foster care pursuant to article three or\nseven of the family court act and a review of the specific facts and\ncircumstances of the child's placement demonstrate that the appropriate\npermanency goal for the child is either (1) return to his or her parent\nor guardian or (2) discharge to independent living;\n  (B) the child has a permanency goal other than adoption;\n  (C) the child is fourteen years of age or older and will not consent\nto his or her adoption;\n  (D) there are insufficient grounds for filing a petition to terminate\nparental rights; or\n  (E) the child is the subject of a pending disposition under article\nten of the family court act, except where such child is already in the\ncustody of the commissioner of social services as a result of a\nproceeding other than the pending article ten proceeding, and a review\nof the specific facts and circumstances of the child's placement\ndemonstrate that the appropriate permanency goal for the child is\ndischarge to his or her parent or guardian.\n  (iii) For the purposes of this paragraph, the date of the child's\nentry into foster care is the earlier of sixty days after the date on\nwhich the child was removed from the home or the date the child was\nfound by a court to be an abused or neglected child pursuant to article\nten of the family court act.\n  (iv) In the event that the social services official or authorized\nagency having care and custody of the child fails to file a petition to\nterminate parental rights within sixty days of the time required by this\nsection, or within ninety days of a court direction to file a proceeding\nnot otherwise required by this section, such proceeding may be filed by\nthe foster parent of the child without further court order or by the\nattorney for the child on the direction of the court. In the event of\nsuch filing the social services official or authorized agency having\ncare and custody of the child shall be served with notice of the\nproceeding and shall join the petition.\n  (v) For the purposes of clause (D) of subparagraph (i) of this\nparagraph, an assessment of whether a parent maintains a meaningful role\nin his or her child's life shall be based on evidence, which may include\nthe following: a parent's expressions or acts manifesting concern for\nthe child, such as letters, telephone calls, visits, and other forms of\ncommunication with the child; efforts by the parent to communicate and\nwork with the authorized agency, attorney for the child, foster parent,\nthe court, and the parent's attorney or other individuals providing\nservices to the parent, including correctional, mental health and\nsubstance abuse treatment program personnel for the purpose of complying\nwith the service plan and repairing, maintaining or building the\nparent-child relationship; a positive response by the parent to the\nauthorized agency's diligent efforts as defined in paragraph (f) of\nsubdivision seven of this section; and whether the continued involvement\nof the parent in the child's life is in the child's best interest. In\nassessing whether a parent maintains a meaningful role in his or her\nchild's life, the authorized agency shall gather input from individuals\nand agencies in a reasonable position to help make this assessment,\nincluding but not limited to, the authorized agency, attorney for the\nchild, parent, child, foster parent or other individuals of importance\nin the child's life, and parent's attorney or other individuals\nproviding services to the parent, including correctional, mental health\nand substance abuse treatment program personnel. The court may make an\norder directing the authorized agency to undertake further steps to aid\nin completing its assessment.\n  4. An order committing the guardianship and custody of a child\npursuant to this section shall be granted only upon one or more of the\nfollowing grounds:\n  (a) Both parents of the child are dead, and no guardian of the person\nof such child has been lawfully appointed; or\n  (b) The parent or parents, whose consent to the adoption of the child\nwould otherwise be required in accordance with section one hundred\neleven of the domestic relations law, abandoned such child for the\nperiod of six months immediately prior to the date on which the petition\nis filed in the court; or\n  (c) The parent or parents, whose consent to the adoption of the child\nwould otherwise be required in accordance with section one hundred\neleven of the domestic relations law, are presently and for the\nforeseeable future unable, by reason of mental illness or intellectual\ndisability, to provide proper and adequate care for a child who has been\nin the care of an authorized agency for the period of one year\nimmediately prior to the date on which the petition is filed in the\ncourt; or\n  (d) The child is a permanently neglected child; or\n  (e) The parent or parents, whose consent to the adoption of the child\nwould otherwise be required in accordance with section one hundred\neleven of the domestic relations law, severely or repeatedly abused such\nchild. Where a court has determined that reasonable efforts to reunite\nthe child with his or her parent are not required, pursuant to the\nfamily court act or this chapter, a petition to terminate parental\nrights on the ground of severe abuse as set forth in subparagraph (iii)\nof paragraph (a) of subdivision eight of this section may be filed\nimmediately upon such determination.\n  5. (a) For the purposes of this section, a child is "abandoned" by his\nparent if such parent evinces an intent to forego his or her parental\nrights and obligations as manifested by his or her failure to visit the\nchild and communicate with the child or agency, although able to do so\nand not prevented or discouraged from doing so by the agency. In the\nabsence of evidence to the contrary, such ability to visit and\ncommunicate shall be presumed.\n  (b) The subjective intent of the parent, whether expressed or\notherwise, unsupported by evidence of the foregoing parental acts\nmanifesting such intent, shall not preclude a determination that such\nparent has abandoned his or her child. In making such determination, the\ncourt shall not require a showing of diligent efforts, if any, by an\nauthorized agency to encourage the parent to perform the acts specified\nin paragraph (a) of this subdivision.\n  6. (a) For the purposes of this section, "mental illness" means an\naffliction with a mental disease or mental condition which is manifested\nby a disorder or disturbance in behavior, feeling, thinking or judgment\nto such an extent that if such child were placed in or returned to the\ncustody of the parent, the child would be in danger of becoming a\nneglected child as defined in the family court act.\n  (b) For the purposes of this section, "intellectual disability" means\nsubaverage intellectual functioning which originates during the\ndevelopmental period and is associated with impairment in adaptive\nbehavior to such an extent that if such child were placed in or returned\nto the custody of the parent, the child would be in danger of becoming a\nneglected child as defined in the family court act; provided, however,\nthat case law regarding use of the phrase "mental retardation" under\nthis section shall be applicable to the term "intellectual disability".\n  (c) The legal sufficiency of the proof in a proceeding upon the ground\nset forth in paragraph (c) of subdivision four of this section shall not\nbe determined until the judge has taken the testimony of a psychologist,\nor psychiatrist, in accordance with paragraph (e) of this subdivision.\n  (d) A determination or order upon a ground set forth in paragraph (c)\nof subdivision four shall in no way affect any other right, or\nconstitute an adjudication of the legal status of the parent.\n  (e) In every proceeding upon a ground set forth in paragraph (c) of\nsubdivision four the judge shall order the parent to be examined by, and\nshall take the testimony of, a qualified psychiatrist or a psychologist\nlicensed pursuant to article one hundred fifty-three of the education\nlaw as defined in section 730.10 of the criminal procedure law in the\ncase of a parent alleged to be mentally ill or retarded, such\npsychologist or psychiatrist to be appointed by the court pursuant to\nsection thirty-five of the judiciary law. The parent and the authorized\nagency shall have the right to submit other psychiatric, psychological\nor medical evidence. If the parent refuses to submit to such\ncourt-ordered examination, or if the parent renders himself unavailable\ntherefor whether before or after the initiation of a proceeding under\nthis section, by departing from the state or by concealing himself\ntherein, the appointed psychologist or psychiatrist, upon the basis of\nother available information, including, but not limited to, agency,\nhospital or clinic records, may testify without an examination of such\nparent, provided that such other information affords a reasonable basis\nfor his opinion.\n  7.  (a) For the purposes of this section, "permanently neglected\nchild" shall mean a child who is in the care of an authorized agency and\nwhose parent or custodian has failed for a period of either at least one\nyear or fifteen out of the most recent twenty-two months following the\ndate such child came into the care of an authorized agency substantially\nand continuously or repeatedly to maintain contact with or plan for the\nfuture of the child, although physically and financially able to do so,\nnotwithstanding the agency's diligent efforts to encourage and\nstrengthen the parental relationship when such efforts will not be\ndetrimental to the best interests of the child. The court shall consider\nthe special circumstances of an incarcerated parent or parents, or of a\nparent or parents participating in a residential substance abuse\ntreatment program, when determining whether a child is a "permanently\nneglected child" as defined in this paragraph. In such cases, the court\nalso shall consider the particular constraints, including but not\nlimited to, limitations placed on family contact and the unavailability\nof social or rehabilitative services to aid in the development of a\nmeaningful relationship between the parent and his or her child, that\nmay impact the parent's ability to substantially and continuously or\nrepeatedly maintain contact with his or her child and to plan for the\nfuture of his or her child as defined in paragraph (c) of this\nsubdivision. Where a court has previously determined in accordance with\nparagraph (b) of subdivision three of section three hundred\nfifty-eight-a of this chapter or section one thousand thirty-nine-b,\nsubparagraph (A) of paragraph (i) of subdivision (b) of section one\nthousand fifty-two, paragraph (b) of subdivision two of section seven\nhundred fifty-four or paragraph (c) of subdivision two of section 352.2\nof the family court act that reasonable efforts to make it possible for\nthe child to return safely to his or her home are not required, the\nagency shall not be required to demonstrate diligent efforts as defined\nin this section. In the event that the parent defaults after due notice\nof a proceeding to determine such neglect, such physical and financial\nability of such parent may be presumed by the court.\n  (b) For the purposes of paragraph (a) of this subdivision, evidence of\ninsubstantial or infrequent contacts by a parent with his or her child\nshall not, of itself, be sufficient as a matter of law to preclude a\ndetermination that such child is a permanently neglected child. A visit\nor communication by a parent with the child which is of such character\nas to overtly demonstrate a lack of affectionate and concerned\nparenthood shall not be deemed a substantial contact.\n  (c) As used in paragraph (a) of this subdivision, "to plan for the\nfuture of the child" shall mean to take such steps as may be necessary\nto provide an adequate, stable home and parental care for the child\nwithin a period of time which is reasonable under the financial\ncircumstances available to the parent. The plan must be realistic and\nfeasible, and good faith effort shall not, of itself, be determinative.\nIn determining whether a parent has planned for the future of the child,\nthe court may consider the failure of the parent to utilize medical,\npsychiatric, psychological and other social and rehabilitative services\nand material resources made available to such parent.\n  (d) For the purposes of this subdivision:\n  (i) A parent shall not be deemed unable to maintain contact with or\nplan for the future of the child by reason of such parent's use of drugs\nor alcohol, except while the parent is actually hospitalized or\ninstitutionalized therefor; and\n  (ii) The time during which a parent is actually hospitalized or\ninstitutionalized shall not interrupt, but shall not be part of, a\nperiod of failure to maintain contact with or plan for the future of a\nchild.\n  (e) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, evidence of diligent efforts by an agency to encourage and\nstrengthen the parental relationship shall not be required when:\n  (i) The parent has failed for a period of six months to keep the\nagency apprised of his or her location, provided that the court may\nconsider the particular delays or barriers an incarcerated parent or\nparents, or a parent or parents participating in a residential substance\nabuse treatment program, may experience in keeping the agency apprised\nof his or her location; or\n  (ii) An incarcerated parent has failed on more than one occasion while\nincarcerated to cooperate with an authorized agency in its efforts to\nassist such parent to plan for the future of the child, as such phrase\nis defined in paragraph (c) of this subdivision, or in such agency's\nefforts to plan and arrange visits with the child as described in\nsubparagraph five of paragraph (f) of this subdivision.\n  (f) As used in this subdivision, "diligent efforts" shall mean\nreasonable attempts by an authorized agency to assist, develop and\nencourage a meaningful relationship between the parent and child,\nincluding but not limited to:\n  (1) consultation and cooperation with the parents in developing a plan\nfor appropriate services to the child and his family;\n  (2) making suitable arrangements for the parents to visit the child\nexcept that with respect to an incarcerated parent, arrangements for the\nincarcerated parent to visit the child outside the correctional facility\nshall not be required unless reasonably feasible and in the best\ninterest of the child;\n  (3) provision of services and other assistance to the parents, except\nincarcerated parents, so that problems preventing the discharge of the\nchild from care may be resolved or ameliorated;\n  (4) informing the parents at appropriate intervals of the child's\nprogress, development and health;\n  (5) making suitable arrangements with a correctional facility and\nother appropriate persons for an incarcerated parent to visit the child\nwithin the correctional facility, if such visiting is in the best\ninterests of the child. When no visitation between child and\nincarcerated parent has been arranged for or permitted by the authorized\nagency because such visitation is determined not to be in the best\ninterest of the child, then no permanent neglect proceeding under this\nsubdivision shall be initiated on the basis of the lack of such\nvisitation. Such arrangements shall include, but shall not be limited\nto, the transportation of the child to the correctional facility, and\nproviding or suggesting social or rehabilitative services to resolve or\ncorrect the problems other than incarceration itself which impair the\nincarcerated parent's ability to maintain contact with the child. When\nthe parent is incarcerated in a correctional facility located outside\nthe state, the provisions of this subparagraph shall be construed to\nrequire that an authorized agency make such arrangements with the\ncorrectional facility only if reasonably feasible and permissible in\naccordance with the laws and regulations applicable to such facility;\nand\n  (6) providing information which the authorized agency shall obtain\nfrom the office of children and family services, outlining the legal\nrights and obligations of a parent who is incarcerated or in a\nresidential substance abuse treatment program whose child is in custody\nof an authorized agency, and on social or rehabilitative services\navailable in the community, including family visiting services, to aid\nin the development of a meaningful relationship between the parent and\nchild.  Wherever possible, such information shall include transitional\nand family support services located in the community to which an\nincarcerated parent or parent participating in a residential substance\nabuse treatment program shall return.\n  8. (a) For the purposes of this section a child is "severely abused"\nby his or her parent if (i) the child has been found to be an abused\nchild as a result of reckless or intentional acts of the parent\ncommitted under circumstances evincing a depraved indifference to human\nlife, which result in serious physical injury to the child as defined in\nsubdivision ten of section 10.00 of the penal law; or\n  (ii) the child has been found to be an abused child, as defined in\nparagraph (iii) of subdivision (e) of section ten hundred twelve of the\nfamily court act, as a result of such parent's acts; provided, however,\nthe respondent must have committed or knowingly allowed to be committed\na felony sex offense as defined in sections 130.25, 130.30, 130.35,\nformer sections 130.40, 130.45, 130.50, sections 130.65, 130.67, 130.70,\n130.75, 130.80, 130.95 and 130.96 of the penal law and, for the purposes\nof this section the corroboration requirements contained in the penal\nlaw shall not apply to proceedings under this section; or\n  (iii) (A) the parent of such child has been convicted of murder in the\nfirst degree as defined in section 125.27, murder in the second degree\nas defined in section 125.25, manslaughter in the first degree as\ndefined in section 125.20, or manslaughter in the second degree as\ndefined in section 125.15, and the victim of any such crime was another\nchild of the parent or another child for whose care such parent is or\nhas been legally responsible as defined in subdivision (g) of section\none thousand twelve of the family court act, or another parent of the\nchild, unless the convicted parent was a victim of physical, sexual or\npsychological abuse by the decedent parent and such abuse was a factor\nin causing the homicide; or has been convicted of an attempt to commit\nany of the foregoing crimes, and the victim or intended victim was the\nchild or another child of the parent or another child for whose care\nsuch parent is or has been legally responsible as defined in subdivision\n(g) of section one thousand twelve of the family court act, or another\nparent of the child, unless the convicted parent was a victim of\nphysical, sexual or psychological abuse by the decedent parent and such\nabuse was a factor in causing the attempted homicide; (B) the parent of\nsuch child has been convicted of criminal solicitation as defined in\narticle one hundred, conspiracy as defined in article one hundred five\nor criminal facilitation as defined in article one hundred fifteen of\nthe penal law for conspiring, soliciting or facilitating any of the\nforegoing crimes, and the victim or intended victim was the child or\nanother child of the parent or another child for whose care such parent\nis or has been legally responsible; (C) the parent of such child has\nbeen convicted of assault in the second degree as defined in section\n120.05, assault in the first degree as defined in section 120.10 or\naggravated assault upon a person less than eleven years old as defined\nin section 120.12 of the penal law, and the victim of any such crime was\nthe child or another child of the parent or another child for whose care\nsuch parent is or has been legally responsible; or has been convicted of\nan attempt to commit any of the foregoing crimes, and the victim or\nintended victim was the child or another child of the parent or another\nchild for whose care such parent is or has been legally responsible; or\n(D) the parent of such child has been convicted under the law in any\nother jurisdiction of an offense which includes all of the essential\nelements of any crime specified in clause (A), (B) or (C) of this\nsubparagraph; and\n  (iv) the agency has made diligent efforts to encourage and strengthen\nthe parental relationship, including efforts to rehabilitate the\nrespondent, when such efforts will not be detrimental to the best\ninterests of the child, and such efforts have been unsuccessful and are\nunlikely to be successful in the foreseeable future. Where a court has\npreviously determined in accordance with this chapter or the family\ncourt act that reasonable efforts to make it possible for the child to\nreturn safely to his or her home are not required, the agency shall not\nbe required to demonstrate diligent efforts as set forth in this\nsection.\n  (b) For the purposes of this section a child is "repeatedly abused" by\nhis or her parent if:\n  (i) the child has been found to be an abused child, (A) as defined in\nparagraph (i) of subdivision (e) of section ten hundred twelve of the\nfamily court act, as a result of such parent's acts; or (B) as defined\nin paragraph (iii) of subdivision (e) of section ten hundred twelve of\nthe family court act, as a result of such parent's acts; provided,\nhowever, the respondent must have committed or knowingly allowed to be\ncommitted a felony sex offense as defined in sections 130.25, 130.30,\n130.35, former sections 130.40, 130.45, 130.50, sections 130.65, 130.67,\n130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law; and\n  (ii) (A) the child or another child for whose care such parent is or\nhas been legally responsible has been previously found, within the five\nyears immediately preceding the initiation of the proceeding in which\nsuch abuse is found, to be an abused child, as defined in paragraph (i)\nor (iii) of subdivision (e) of section ten hundred twelve of the family\ncourt act, as a result of such parent's acts; provided, however, in the\ncase of a finding of abuse as defined in paragraph (iii) of subdivision\n(e) of section ten hundred twelve of the family court act the respondent\nmust have committed or knowingly allowed to be committed a felony sex\noffense as defined in sections 130.25, 130.30, 130.35, former sections\n130.40, 130.45, 130.50, sections 130.65, 130.67, 130.70, 130.75 and\n130.80 of the penal law, or (B) the parent has been convicted of a crime\nunder section 130.25, 130.30, 130.35, former sections 130.40, 130.45,\n130.50, sections 130.65, 130.67, 130.70, 130.75 or 130.80 of the penal\nlaw against the child, a sibling of the child or another child for whose\ncare such parent is or has been legally responsible, within the five\nyear period immediately preceding the initiation of the proceeding in\nwhich abuse is found; and\n  (iii) the agency has made diligent efforts, to encourage and\nstrengthen the parental relationship, including efforts to rehabilitate\nthe respondent, when such efforts will not be detrimental to the best\ninterests of the child, and such efforts have been unsuccessful and are\nunlikely to be successful in the foreseeable future. Where a court has\npreviously determined in accordance with this chapter or the family\ncourt act that reasonable efforts to make it possible for the child to\nreturn safely to his or her home are not required, the agency shall not\nbe required to demonstrate diligent efforts as set forth in this\nsection.\n  (c) Notwithstanding any other provision of law, the requirements of\nparagraph (g) of subdivision three of this section shall be satisfied if\none of the findings of abuse pursuant to subparagraph (i) or (ii) of\nparagraph (b) of this subdivision is found to be based on clear and\nconvincing evidence.\n  (d) A determination by the court in accordance with article ten of the\nfamily court act based upon clear and convincing evidence that the child\nwas a severely abused child as defined in subparagraphs (i) and (ii) of\nparagraph (a) of this subdivision shall establish that the child was a\nseverely abused child in accordance with this section. Such a\ndetermination by the court in accordance with article ten of the family\ncourt act based upon a fair preponderance of evidence shall be\nadmissible in any proceeding commenced in accordance with this section.\n  (e) A determination by the court in accordance with article ten of the\nfamily court act based upon clear and convincing evidence that a child\nwas abused (A) as defined in paragraph (i) of subdivision (e) of section\nten hundred twelve of the family court act, as a result of such parent's\nacts; or (B) as defined in paragraph (iii) of subdivision (e) of section\nten hundred twelve of the family court act, as a result of such parent's\nacts; provided, however, the respondent must have committed or knowingly\nallowed to be committed a felony sex offense as defined in sections\n130.25, 130.30, 130.35, former sections 130.40, 130.45, 130.50, sections\n130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law shall\nestablish that the child was an abused child for the purpose of a\ndetermination as required by subparagraph (i) or (ii) of paragraph (b)\nof this subdivision. Such a determination by the court in accordance\nwith article ten of the family court act based upon a fair preponderance\nof evidence shall be admissible in any proceeding commenced in\naccordance with this section.\n  (f) Upon a finding pursuant to paragraph (a) or (b) of this\nsubdivision that the child has been severely or repeatedly abused by his\nor her parent, the court shall enter an order of disposition either (i)\ncommitting the guardianship and custody of the child, pursuant to this\nsection, or (ii) suspending judgment in accordance with section six\nhundred thirty-three of the family court act, upon a further finding,\nbased on clear and convincing, competent, material and relevant evidence\nintroduced in a dispositional hearing, that the best interests of the\nchild require such commitment or suspension of judgment. Where the\ndisposition ordered is the commitment of guardianship and custody\npursuant to this section, an initial freed child permanency hearing\nshall be completed pursuant to section one thousand eighty-nine of the\nfamily court act.\n  9. Nothing in this section shall be construed to terminate, upon\ncommitment of the guardianship and custody of a child to an authorized\nagency or foster parent, any rights and benefits, including but not\nlimited to rights relating to contact with siblings, inheritance,\nsuccession, social security, insurance and wrongful death action claims,\npossessed by or available to the child pursuant to any other provision\nof law. For purposes of this section, "siblings" shall include\nhalf-siblings and those who would be deemed siblings or half-siblings\nbut for the termination of parental rights or death of a parent.\nNotwithstanding any other provision of law, a child committed to the\ncustody and guardianship of an authorized agency pursuant to this\nsection shall be deemed to continue in foster care until such time as an\nadoption or another planned permanent living arrangement is finalized.\nWhere the disposition ordered is the commitment of guardianship and\ncustody pursuant to this section, an initial freed child permanency\nhearing shall be held pursuant to section one thousand eighty-nine of\nthe family court act.\n  10. Upon the court's order transferring custody and guardianship to\nthe commissioner, the attorney for the petitioning authorized agency\nshall promptly serve upon the persons who have been approved by such\nagency as the child's adoptive parents, notice of entry of such order\nand advise such persons that an adoption proceeding may be commenced. In\naccordance with the regulations of the department, the authorized agency\nshall advise such persons of the procedures necessary for adoption of\nthe child. The authorized agency shall cooperate with such persons in\nthe provision of necessary documentation.\n  11. Upon the entry of an order committing the guardianship and custody\nof a child pursuant to this section, the court shall inquire whether any\nfoster parent or parents with whom the child resides, or any relative of\nthe child, or other person, seeks to adopt such child. If such person or\npersons do seek to adopt such child, such person or persons may submit,\nand the court shall accept, all such petitions for the adoption of the\nchild, together with an adoption home study, if any, completed by an\nauthorized agency or disinterested person as such term is defined in\nsubdivision three of section one hundred sixteen of the domestic\nrelations law. The court shall thereafter establish a schedule for\ncompletion of other inquiries and investigations necessary to complete\nreview of the adoption of the child and shall immediately set a schedule\nfor completion of the adoption.\n  13. A petition to modify a disposition of commitment of guardianship\nand custody in order to restore parental rights may be brought in\naccordance with part one-A of article six of the family court act where\nthe conditions enumerated in section six hundred thirty-five of such\npart have been met.\n