NY Env Conserv L § 57-0203 (2021)
2021 New York Laws ENV - Environmental Conservation Article 57 - Long Island Pine Barrens Maritime Reserve Act Title 2 - Peconic Bay Region Watershed Protection Act 57-0203 - Definitions.

§ 57-0203. Definitions.   1.  "Study  area"  shall  mean those lands within the Long Island Pine Barrens maritime reserve designated by a town  for  study  in  order  to protect  groundwater  and  surface watersheds within the Peconic estuary watershed.   2. "Protection area" shall mean those lands identified by a  town  for preservation   and  protection  in  perpetuity  after  completion  of  a comprehensive plan amendment and generic environmental impact  statement in order to protect groundwater and surface watersheds.   3.  "Town"  shall  mean  the towns of East Hampton, Riverhead, Shelter Island, Southampton, and Southold in the county of Suffolk.   4. "Development" shall mean the performance of any  building  activity or  mining  operation,  the  making of any material change in the use or intensity  of  use  of  any  structure  or  land  and  the  creation  or termination  of rights of access or riparian rights. Without limitation, the following activities or uses shall be taken for the purposes of this title to involve development as defined in this subdivision:  (a) a change in type of use of a structure or land  or,  if  a  zoning ordinance  divides  uses  into  classes,  a change from one class of use designated  in  a  zoning  ordinance  to  a  use  in  another  class  so designated;  (b)   a  material  increase  in  the  intensity  of  use  of  land  or environmental impacts as a result thereof;  (c) commencement of mining,  excavation,  or  material  alteration  of grade  or  vegetation  on  a  parcel  of  land  excluding  environmental restoration activities;  (d) material alteration of a shore, bank, or flood plain of  a  river, stream, lake, pond, or artificial body of water;  (e)  re-establishment  of a use which has been abandoned for one year; and  (f) departure from the normal use for which development permission has been granted, or material failure to comply with the  conditions  of  an ordinance, rule or order granting the development permission under which the development was commenced or is continued.   The following operations or uses do not constitute development for the purposes of this title:  (i)  public improvements undertaken for the health, safety, or welfare of the public. Such public improvements shall  be  consistent  with  the goals  and  objectives  of  this  title,  and  shall include, but not be limited to, maintenance of an existing road or railroad track;  (ii)  work  by  any  utility  not  involving  substantial  engineering redesign  for  the  purpose  of  inspection,  maintenance  or renewal on established utility rights-of-way or the likes, and any work  pertaining to water supply for the residents of Suffolk county;  (iii)  work for the maintenance, renewal, replacement, reconstruction, improvement, or alteration of any existing structure or additions to  an existing  residence  or  residential  property  owned  by an association formed for the common interest in real property;  (iv) the use of any structure or land devoted to dwelling uses for any purposes customarily incidental and otherwise lawful;  (v) the use of land for the purpose of agriculture or horticulture;  (vi) work by a utility performed for the  purpose  of  public  health, safety,  or welfare and consistent with the goals and objectives of this title;  (vii) existing  or  expanded  recreational  use  consistent  with  the purposes of this title including scouting activities, the maintenance or expansion  of  facilities associated with or necessary for such scouting activities including, but not limited to,  the  addition,  modification,  expansion,  or  replacement  of structures necessary for such activities and such clearing as may be reasonably required for the  maintenance  or expansion of scouting activities; and  (viii)  a change in use of land or structure from a use within a class specified in a zoning ordinance to another use in the same class.   Development as designated in an ordinance, rule, or development permit includes all other development customarily  associated  with  it  unless otherwise specified.   5.  "Plan"  shall  mean  a comprehensive management plan prepared by a town to protect groundwater and surface watersheds.   6. "Peconic estuary watershed" shall mean  the  area  located  on  the eastern  end  of  Long  Island,  New York, and bordered by Long Island's north and south forks. The major river discharging freshwater  into  the estuary  is  the  Peconic  River. The eastern end of the Peconic estuary watershed is an imaginary line through Block Island Sound  between  Plum Island  and  Montauk  Point, beyond which lies the open sea. The western boundary is at the headwaters of the Peconic River,  just  west  of  the William Floyd Parkway. The Peconic estuary watershed also includes those land  areas  that  contribute  groundwater  and stormwater runoff to the river and estuary.