There is a newer version of the New York Consolidated Laws
2006 New York Code - Definitions.
§ 57-0107. Definitions.
As used in this article, the following terms shall mean and include:
1. "Council" shall mean the Long Island Pine Barrens maritime reserve
council created by section 57-0111 of this article.
2. "Long Island Pine Barrens maritime reserve" shall mean the reserve
created pursuant to section 57-0109 of this article.
3. "Long Island Pine Barrens preserve" or "preserve" shall mean lands
within the Long Island Pine Barrens Maritime reserve that are critical
to the protection of the hydrologic and ecologic integrity of the region
including land characterized by the growth of pitch pine, dwarf pine
and/or scrub oak pine barrens which are dedicated for protection and
beneficial public use pursuant to section 57-0117 of this article. Lands
which are not deemed critical may be dedicated pursuant to section
57-0117 of this article as a protective or buffer zone for other
dedicated lands, or to otherwise support the management of the preserve.
4. "Peconic Bay system" shall mean the series of interconnected bodies
of surface waters, including Flanders Bay, Great Peconic Bay, Little
Peconic Bay, Noyack Bay, Shelter Island Sound, Southold Bay, Northwest
Harbor, Orient Harbor, Gardiners Bay, Napeague Bay, Fort Pond Bay, the
western portion of Block Island Sound, other semi-enclosed bays and
harbors contiguous thereto, and all of the tidal creeks and freshwater
streams that discharge into these interconnected basins.
5. "Plan" shall mean the comprehensive management plan created
pursuant to section 57-0115 of this article.
6. "Reserve" shall mean a region in which there is a combination of
publicly and privately owned lands and land uses, within a defined area
where there are traditional cultural patterns including agriculture,
finfishing, shellfishing and tourism, which due to their pattern and
configuration, and because of the need for sustained productivity could
best be protected and managed through the development of a comprehensive
management plan around a preserve of protected, publicly owned lands
and/or privately owned land dedicated for such purposes.
7. "Land use plan" shall mean the comprehensive Central Pine Barrens
land use plan pursuant to section 57-0121 of this article, including the
generic environmental impact statement thereon.
8. "Commission" shall mean the Central Pine Barrens Joint Planning and
Policy Commission established pursuant to section 57-0119 of this
article.
9. "Advisory committee" shall mean the Central Pine Barrens advisory
committee to the commission established pursuant to subdivision nine of
section 57-0119 of this article.
10. "Central Pine Barrens area" shall mean the contiguous area as
described and bounded as follows:
Beginning at a point where the southerly side of Route 25A intersects
the easterly side of Miller Place Road; thence southward along the
easterly boundary of Miller Place Road to Helme Avenue; thence southward
along the easterly boundary of Helme Avenue to Miller Place-Middle
Island Road; thence southward along the easterly boundary of Miller
Place-Middle Island Road to Whiskey Road; thence westward along the
southerly boundary of Whiskey Road to Mount Sinai-Coram Road; thence
southward along the easterly boundary of Mount Sinai-Coram Road to
Middle Country Road (Route 25); thence westward along the southerly
boundary of Route 25 to Patchogue-Mount Sinai Road (County Route 83);
thence southward along the easterly boundary of County Route 83 to
Bicycle Path Drive; thence southeastward along the easterly side of
Bicycle Path Drive to Mt. McKinley Avenue; thence southward along the
easterly boundary of Mt. McKinley Avenue to Granny Road; thence
northeastward along the northerly boundary of Granny Road to Port
Jefferson-Patchogue Road (Route 112); thence southward along the
easterly boundary of Route 112 to Horse Block Road (County Route 16);
thence eastward along the northerly boundary of County Route 16 to Maine
Avenue; thence northward along the westerly boundary of Maine Avenue to
Fire Avenue; thence eastward along the northerly boundary of Fire Avenue
to John Roe Smith Avenue; thence southward along the easterly boundary
of John Roe Smith Avenue to Jeff Street; thence eastward along the
northerly boundary of Jeff Street to Hagerman Avenue; thence southward
along the easterly boundary of Hagerman Avenue to the Long Island
Expressway (Route 495); thence eastward along the northerly boundary of
Route 495 to Southaven County Park; thence southward along the westerly
boundary of Southaven County Park to Gerard Road; thence southward along
the easterly boundary of Gerard Road to Route 27; thence eastward along
the northerly boundary of Route 27 to a point where the west bank of the
Carmans River passes under Route 27; thence south under Route 27 to the
lands owned by the United States known as Wertheim National Wildlife
Refuge (the "Refuge"); thence generally westerly and southerly to the
waters of Bellport Bay; thence generally easterly across the Bay and
northerly along the easterly boundary of the Refuge, including all lands
currently part of the Refuge and any lands which may become part of the
Refuge in the future; excluding, however any private property or rights
thereof which may fall within the Refuge assemblage; continuing
northerly to the point where the eastern bank of the Carmans River
travels under Route 27 and Victory Avenue to the southerly boundary of
Southaven County Park; continuing easterly along the southerly boundary
of Southaven County Park; thence northward along the easterly boundary
of Southaven County Park to Route 495; thence eastward along the
northerly boundary of Route 495 to the William Floyd Parkway (County
Route 46); thence southward along the easterly boundary of County Route
46 to the Long Island Rail Road tracks; thence eastward along the
northerly boundary of the Long Island Rail Road tracks 7,500 feet;
thence southward 500 feet; thence eastward 525 feet to the intersection
of North Street and Manor-Yaphank Road; thence southward along the
easterly boundary of Manor-Yaphank Road to Moriches-Middle Island Road;
thence eastward along the northerly boundary of Moriches-Middle Island
Road to Sunrise Highway (Route 27); thence eastward along the northerly
boundary of Route 27 to an old railroad grade (unpaved); thence
southeastward along the northerly boundary of the old railroad grade
(unpaved) to Old Country Road (Route 71); thence eastward along the
northerly boundary of Route 71 to the Long Island Rail Road tracks;
thence eastward along the northerly boundary of the Long Island Rail
Road tracks to Montauk Highway; thence eastward along the northerly
boundary of Montauk Highway to Route 24; thence northward along the
westerly boundary of Route 24 to Sunrise Highway (Route 27); thence
eastward along the northerly boundary of Route 27 to Squiretown Road;
thence northward along the westerly boundary of Squiretown Road to Upper
Red Creek Road; thence westward along the southern boundary of Upper Red
Creek to Lower Red Creek Road; thence southward along the easterly
boundary of Lower Red Creek Road to Hubbard County Park; thence westward
along the northern boundary of Hubbard County Park to Riverhead-Hampton
Bays Road (Route 24); thence westward along the southerly boundary of
Route 24 to Peconic Avenue; thence northward along the westerly boundary
of Peconic Avenue to the Riverhead-Southampton border; thence westward
along the Riverhead-Southampton border and the Riverhead-Brookhaven
border to the Forge Road Bridge; thence northward along the westerly
boundary of the Forge Road Bridge to Forge Road; thence northwestward
along the westerly boundary of Forge Road to the railroad tracks; thence
northward along the westerly boundary of Forge Road (unpaved) to the
intersection of Route 25 and River Road; thence westward along the
southerly boundary of River Road to Edwards Avenue; thence northward
along the westerly boundary of Edwards Avenue 3,800 feet; thence
westward 4,400 feet to an unnamed, unpaved road; thence northward along
the westerly boundary of the unnamed, unpaved road 150 feet; thence
westward and northwestward along the eastern boundary of the United
States Navy/Grumman Aerospace Corporation property (as of 1982) up to
its intersection with Middle Country Road (Route 25); thence westward
along the southerly boundary of Route 25 to the intersection of Route 25
and 25A; thence northeastward, westward, and southwestward along the
eastern and northern boundary of the United States Navy/Grumman
Aerospace Corporation (as of 1982, and located immediately east of Route
25A, to its intersection with Route 25A; thence westward along the
southerly boundary of Route 25A to the point or place of beginning.
11. "Core preservation area" shall mean the core preservation area of
the Central Pine Barrens area which comprise the largest intact areas of
undeveloped pine barrens as described and bounded as follows:
Beginning at a point where the northwestern corner of the New York State
Rocky Point Natural Resource Management Area (the "NYS Rocky Point
Land") intersects the southerly side of NYS Route 25A; thence generally
southward and eastward along the generally westerly and southerly
boundaries of the NYS Rocky Point Land (including the Currans Road Pond
State Wildlife Management Area, all adjacent or contiguous undeveloped
Town of Brookhaven parks, preserves, open space areas, or reserved
areas, and the crossings of the undeveloped Suffolk County property
known as the Port Jefferson - Westhampton road right of way, Whiskey
Road, County Route 21, and Currans Road) to the point where the NYS
Rocky Point Land meets the northerly side of NYS Route 25 (Middle
Country Road); thence eastward along the northerly boundary of NYS Route
25 to the southeastern corner of that property west of Woodlots Road
which is identified as District 200, Section 349, Block 2, Lot 1.3;
thence northward along the easterly boundary of that property to the
Suffolk County Pine Trail Nature Preserve; thence eastward and
southeastward along the southerly boundary of the Suffolk County Pine
Trail Nature Preserve where the Preserve is adjacent to developed
parcels or parcels in agricultural or horticultural use, or along a line
parallel to, and 100 (one hundred) feet south of, the Preserve where the
Preserve is adjacent to parcels which are undeveloped as of June 1,
1993, to County Route 46; thence southward along the easterly boundary
County Route 46 to NYS Route 25; thence eastward along the southerly
boundary of NYS Route 25 to the Suffolk County Pine Trail Nature
Preserve; thence southward along the westerly boundary of the Suffolk
County Pine Trail Nature Preserve where the Preserve is adjacent to
developed parcels, or along a line parallel to, and 100 (one hundred)
feet west of, the Preserve where the Preserve is adjacent to parcels
which are undeveloped as of June 1, 1993, to the northern boundary of
the United States land known as Brookhaven National Laboratory; thence
generally westward along the northerly boundary of Brookhaven National
Laboratory to County Route 46 (William Floyd Parkway); thence generally
northwestward on a straight line to the intersection of Sally Lane and
Pond Lane; thence westward along the southerly side of Pond Lane to Ruth
Lane; thence northward along the westerly side of Ruth Lane to NYS Route
25; thence westward along the northerly side of NYS Route 25 to the
southeast corner of the NYS Middle Island State Game Farm and
Environmental Education Center; thence northward, westward, and
southward along the easterly, northerly, and westerly boundaries of the
NYS Middle Island State Game Farm and Environmental Education Center to
NYS Route 25; thence westward along the southerly side of NYS Route 25,
excluding all parcels abutting that road which are developed as of June
1, 1993, to Giant Oak Road; thence southward along the easterly side of
Giant Oak Road to Medford Road; thence southwestward along the
southeasterly side of Medford Road to Smith Road; thence southward along
the easterly side of Smith Road to Longwood Road; thence eastward along
the southerly side of Longwood Road to the northwest corner of the
property identified as District 200, Section 504, Block 1, Lot 7.2;
thence southward and eastward along the generally westerly boundary of
that parcel to the eastern end of Rugby Lane (also known as Rugby Avenue
or Rugby Road), a paper street shown on Suffolk County tax maps District
200, Sections 500, 502, and 503; thence westward along the northerly
boundary of Rugby Lane to County Route 21 (Yaphank - Middle Island
Road); thence southward along the westerly boundary of County Route 21
to the northeastern corner of the parcel identified as District 200,
Section 529, Block 1, Lot 28, and which is coterminous with the
southerly boundaries of the parcels located on the south side of Rustic
Lane; thence westward along the northerly boundary of that parcel to the
Carmans River; thence northward along the westerly boundary of the
Carmans River to the northernmost extent along the river's western bank
of the Suffolk County Nature Preserve parcel south of East Bartlett
Road; thence northward along the easterly boundary of that Suffolk
County Nature Preserve parcel to East Bartlett Road; thence generally
northeastward along the northwesterly boundary of East Bartlett Road to
the southern boundary of Prosser Pines County Nature Preserve; thence
generally eastward, northward, and westward along the southerly,
easterly, and northerly boundaries of Prosser Pines County Nature
Preserve to County Route 21; thence westward (directly across County
Route 21), northward, westward, and southward along the northerly
extents of Cathedral Pines County Park to the easterly boundary of the
parcel identified as District 200, Section 433, Block 2, Lot 1; thence
northward and westward along the easterly and northerly boundaries of
that parcel and the adjacent parcels identified as District 200, Section
402, Block 1, Lots 19 and 16.1 to NYS Route 25; thence westward along
the southerly boundary of NYS Route 25 to the northwestern corner of the
parcel identified as District 200, Section 402, Block 1, Lot 16.1;
thence generally southward along the westerly boundary of that parcel to
the northerly boundary of the parcel identified as District 200, Section
454, Block 1, Lot 9.1; thence westward along the northerly boundary of
that parcel to East Bartlett Road; thence southward along the easterly
boundary of East Bartlett Road to its intersection with Ashton Road;
thence westward to the northeastern corner of the old filed map shown on
District 200, Section 499; thence westward and southward along the
northerly and westerly boundaries of the old filed map shown on Suffolk
County tax maps District 200, Sections 498, 499, and 527 to Hillcrest
Road; thence eastward along the southerly boundary of Hillcrest Road to
Ashton Road; thence northward along the easterly boundary of Ashton Road
to the southern boundary of the Suffolk County Nature Preserve; thence
eastward along the southerly boundary of the Suffolk County Nature
Preserve to the Carmans River; thence southward along the westerly
boundary of the Carmans River to the southerly boundary of the Suffolk
County Nature Preserve on the east side of the Carmans River and
identified as District 200, Section 529, Block 1, Lot 29; thence
eastward along the southerly boundary of that parcel to County Route 21;
thence southward along the easterly boundary of County Route 21 to the
southernmost extent along County Route 21 of the Suffolk County Nature
Preserve parcel known as Warbler Woods and identified as District 200,
Section 551, Block 1, Lot 4; thence generally eastward along the
southerly boundary of the Warbler Woods parcel and an extension of that
southerly boundary due eastward to the Town of Brookhaven parcel known
as the Longwood Greenbelt and identified as District 200, Section 583,
Block 2, Lot 1.1; thence southward along the westerly boundary of the
Longwood Greenbelt parcel to the Long Island Expressway; thence westward
along the northerly boundary of the Long Island Expressway to Main
Street in Yaphank; thence westward along the southerly boundary of Main
Street in Yaphank to the westernmost extent along Main Street of the
Southaven County Park boundary; thence generally southward along the
westerly boundary of Southaven County Park, crossing the Long Island
Rail Road tracks and Park Street, to Gerard Road; thence southward along
the easterly boundary of Gerard Road to Victory Avenue; thence eastward
along the northerly boundary of Victory Avenue to a point where the west
bank of the Carmans River passes under Victory Avenue and Route 27;
thence south under Route 27 to the lands owned by the United States
known as Wertheim National Wildlife Refuge (the "Refuge"); thence
generally westerly and southerly to the waters of Bellport Bay; thence
generally easterly across the Bay and northerly along the easterly
boundary of the Refuge, including all lands currently part of the Refuge
and any lands which may become part of the Refuge in the future;
excluding however any private property or rights thereof which may fall
within the Refuge assemblage; continuing northerly to the point where
the eastern boundary of the Carmans River travels under Route 27 and
Victory Avenue to the southerly boundary of Southaven County Park;
continuing easterly along the southerly boundary of Southaven County
Park; thence eastward along the northerly boundary of Victory Avenue to
River Road; thence northward along the westerly boundary of River Road,
crossing the Long Island Rail Road tracks, to the Long Island
Expressway; thence eastward along the northerly boundary of the Long
Island Expressway to the Longwood Greenbelt property; thence northward
along the easterly boundary of the Longwood Greenbelt property to that
point along the easterly boundary which is due east of the southernmost
extent of the developed area containing the sewage treatment facility
known as the Dorade facility; thence generally westward to the easterly
boundary of the parcel identified as District 200, Section 504, Block 1,
Lot 7.2; thence northward along the easterly boundary of that parcel to
Longwood Road; thence eastward along the northerly side of Longwood Road
to County Route 46; thence northward along the westerly side of County
Route 46 to a point 2000 (two thousand) feet south of the southern bank
of the Peconic River crossing of County Route 46; thence generally
southeastward along a line parallel to, and 2000 (two thousand) feet
generally south or southwest of, and parallel to, the southernmost bank
of the Peconic River to a point where the Peconic River crosses the
unpaved, unnamed, north-south firebreak and patrol road on the eastern
half of the Brookhaven National Laboratory property; thence southward
and southwestward along the easterly and southeasterly boundaries of the
unpaved, unnamed, north-south firebreak and patrol road starting on the
eastern half of the Brookhaven National Laboratory property to the
Brookhaven National Laboratory road known as Brookhaven Avenue; thence
due westward along a straight line to the Brookhaven National Laboratory
road known as Princeton Avenue; thence westward along the southerly
boundary of Princeton Avenue to the unnamed Laboratory road which
diverts southwest in the vicinity of the Laboratory gate house; thence
southwestward along the southerly side of the unnamed Laboratory road
just described to County Route 46; thence southward along the easterly
side of County Route 46 to NYS Route 495; thence eastward along the
northerly boundary of NYS Route 495 to County Route 111; thence
southeastward along the northerly boundary of County Route 111 to NYS
Route 27 (Sunrise Highway); thence generally southward across NYS Route
27 to the westernmost extent along NYS Route 27 of the undeveloped
portion (as of June 1, 1993) of the parcel assemblage comprised of those
parcels identified as District 200, Section 594, Block 2, Lot 4 and
District 900, Section 325, Block 1, Lot 41.2; thence southward along the
westerly boundary of the undeveloped portion (as of June 1, 1993) of
that parcel assemblage to County Route 71 (Old Country Road); thence
eastward along the northerly boundary of County Route 71 to the
southeastern corner of the Suffolk County Nature Preserve lands which
run from NYS Route 27 south to County Route 111 and which adjoin the
easterly side of the preceding assemblage; thence northward along the
easterly boundary of that Suffolk County Nature Preserve assemblage
(crossing the County Route 111 right of way) to NYS Route 27; thence
eastward along the southerly boundary of NYS Route 27 to the westerly
end of 19th Street as shown in the old filed map contained within the
tax map identified as District 900, Section 276, Block 2; thence
southward along the westerly boundary of that old filed map (shown in
District 900, Sections 276, 302, 303, 327, and 328), and coterminous
with the westerly side of those parcels along the westerly side of
Oishei Road, to County Route 71; thence eastward along the northerly
boundary of County Route 71 to the southeasterly corner of the parcel
identified as District 900, Section 328, Block 2, Lot 19; thence
northward along the easterly boundary of that old filed map surrounding
Oishei Road, and coterminous with the easterly side of those parcels
along the easterly side of Oishei Road, to a point along that line due
west of the northwesterly corner of the parcel containing the Suffolk
County facilities identified as District 900, Section 331, Block 1, Lot
1; thence due eastward along a straight line to the northwesterly corner
of that parcel; thence eastward along the northerly boundary of that
parcel to its northeasterly corner shown in District 900, Section 307;
thence due eastward along a straight line to Summit Boulevard; thence
southward along the westerly side of Summit Boulevard to County Route
71; thence eastward along the northerly side of County Route 71,
excluding all parcels abutting that road which are developed as of June
1, 1993, to the Long Island Rail Road tracks; thence eastward along the
northerly boundary of the Long Island Rail Road tracks to County Route
31 (Old Riverhead Road); thence northward along the westerly boundary of
County Route 31 to that point opposite the point along the easterly side
of County Route 31 (north of the Stewart Avenue intersection) at which
the undeveloped portion (as of June 1, 1993) of the Suffolk County
Airport (Gabreski Airport) occurs; thence generally northward, eastward
and southward around the westerly, northerly and easterly boundaries of
the undeveloped portion (as of June 1, 1993) of the airport property
(excluding from the Core Preservation Area those portions of the airport
property which are occupied by the runways, their associated maintenance
areas, and those areas identified for future use in the Suffolk County
Airport Master Plan approved by the County Legislature) to the Long
Island Rail Road tracks (including in the Core Preservation Area those
portions of the airport property which are adjacent to the Quogue
Wildlife Refuge's westerly boundary and which are in their natural
state); thence eastward along the northerly boundary of the Long Island
Rail Road tracks to the southeasterly corner of the Town of Southampton
parcel identified as District 902, Section 1, Block 1, Lot 22.1; thence
generally northward and eastward along the easterly border of that
parcel and the Town of Southampton parcels to the immediate north
identified as District 900, Section 313, Block 1, Lot 42.1 and District
900, Section 287, Block 1, Lot 1.55 to County Route 104; thence
northward along the westerly boundary of County Route 104 to a point
1000 (one thousand) feet southward of NYS Route 27; thence eastward
along a line parallel to, and 1000 (one thousand) feet south of, NYS
Route 27, to the westerly boundary of the parcel identified as District
900, Section 252, Block 1, Lot 1; thence southward along the westerly
boundary of that parcel to the Long Island Rail Road tracks; thence
eastward along the northerly boundary of the Long Island Rail Road
tracks to Montauk Highway; thence eastward along the northerly boundary
of Montauk Highway to that point where the boundary of Sears-Bellows
County Park heads northward along the eastern side of the Munns Pond
portion; thence northward along the easterly boundary of Sears-Bellows
County Park, to NYS Route 27; thence eastward along the northerly
boundary of NYS Route 27 to NYS Route 24 (Riverhead - Hampton Bays
Road); thence generally northwestward and westward along the
southwesterly boundary of NYS Route 24 to the easternmost extent along
NYS Route 24 of the Suffolk County Parkland known as Flanders or Hubbard
County Park; thence generally northward, westward, and southward along
the easterly, northerly, and westerly boundaries of Flanders or Hubbard
County Park, including all adjacent or contiguous undeveloped Town of
Southampton parks, preserves, open space areas, or reserved areas, to
NYS Route 24; thence westward along the southerly boundary of NYS Route
24 to Pleasure Drive; thence southward along the easterly boundary of
Pleasure Drive a distance of 2000 (two thousand) feet, excluding all
parcels abutting that road which are developed as of June 1, 1993;
thence generally westward along a straight line to the southernmost
extent of the NYS David Sarnoff Preserve along the westerly boundaries
of the parcels on the westerly side of Brookhaven Avenue; thence
generally northward and westward along the easterly and northerly
boundary of the NYS David Sarnoff Pine Barrens Preserve, crossing County
Routes 105 and 104, to County Route 63 (Riverhead-Moriches Road); thence
generally westward and northward along the northerly boundary of the
Suffolk County Cranberry Bog County Nature Preserve to County Route 51;
thence southwesterly along the westerly side of County Route 51 to the
boundary of the Cranberry Bog County Nature Preserve; thence westward
and northward along the northeasterly boundary of Cranberry Bog County
Nature Preserve to County Route 94 (also known as NYS Route 24, or
Nugent Drive); thence eastward along the northerly side of County Route
94 to the County Route 94A bridge; thence northward along the westerly
side of the County Route 94A bridge to the Riverhead-Southampton border;
thence westward along the Riverhead-Southampton border, and the
Riverhead-Brookhaven Border, to the Forge Road Bridge; thence northward
along the westerly boundary of the Forge Road Bridge to Forge Road;
thence northwestward along the westerly boundary of Forge Road to the
Long Island Rail Road tracks; thence northward along the westerly
boundary of Forge Road (unpaved) to the intersection of NYS Route 25 and
River Road; thence westward along the southerly boundary of River Road
to Edwards Avenue; thence westward along the southerly boundary of River
Road (Grumman Boulevard or Swan Pond Road) to the southeast corner of
that parcel containing Conoe (or Canoe) Lake and identified as District
600, Section 137, Block 1, Lot 1; thence northward, westward, and
southward along the borders of that parcel containing Conoe (or Canoe)
Lake to River Road (Grumman Boulevard); thence westward along the
northerly boundary of Grumman Boulevard to the southeasternmost corner
of the undeveloped portion (as of June 1, 1993) of the United States
Navy/Grumman Corporation property located on the north side of Grumman
Boulevard and adjacent to the Grumman entrance known as the South Gate;
thence due north along the easternmost edge of that undeveloped portion
(as of June 1, 1993) of the United States Navy/Grumman Corporation
property to NYS Route 25; thence along a straight line to the northerly
side of NYS Route 25 to a point occupied by the southeasternmost corner
of the parcel assemblage comprised of District 600, Section 75, Block 3,
Lot 10.1, and District 600, Section 96, Block 1, Lot 14, and otherwise
known as Camp Wauwepex; thence northward, westward, and generally
southward along the easterly, northerly, and generally westerly
boundaries of the Camp Wauwepex assemblage to NYS Route 25; thence
westward along the northerly side of NYS Route 25 to Montauk Trail;
thence northeastward along the northwesterly side of Montauk Trail to
Panamoka Trail; thence northward along the westerly side of Panamoka
Trail, excluding all parcels abutting that road which are developed as
of June 1, 1993, to Matinecock Trail; thence westward along the
southerly side of Matinecock Trail to the easterly boundary of
Brookhaven State Park; thence generally northward along the easterly
boundary of Brookhaven State Park, including all adjacent or contiguous
undeveloped Town of Brookhaven parks, preserves, open space areas, or
reserved areas, to its intersection with NYS Route 25A; thence westward
along the southerly side of NYS Route 25A to the northeast corner of the
Shoreham-Wading River school district property; thence southward,
westward, and northward along the easterly, southerly, and westerly
boundaries of the Shoreham-Wading River school district property to NYS
Route 25A; thence westward along the southerly side of NYS Route 25A to
County Route 46; thence southward along the easterly side of County
Route 46 to its intersection with the Suffolk County Pine Trail Nature
Preserve; thence westward along the northerly boundary of the Suffolk
County Pine Trail Nature Preserve where the Preserve is adjacent to
developed parcels or parcels in agricultural or horticultural use, or
along a line parallel to, and 100 (one hundred) feet north of, the
Preserve where the Preserve is adjacent to parcels which are undeveloped
as of June 1, 1993, to the southeastern corner of the parcel west of
Woodlots Road and identified as District 200, Section 291, Block 1, Lot
14.1; thence northward and westward along the easterly and northerly
boundaries of that parcel to Whiskey Road; thence westward along the
southerly side of Whiskey Road to Wading River Hollow Road; thence
northward along the westerly side of Wading River Hollow Road to the
boundary of the NYS Rocky Point Land; thence generally northward along
the easterly boundary of the NYS Rocky Point Land, including all
adjacent or contiguous undeveloped Town of Brookhaven parks, preserves,
open space areas, or reserved areas, to NYS Route 25A; thence westward
along the southerly side of NYS Route 25A, excluding those parcels
abutting that road which are developed as of June 1, 1993, and those
lands identified for the reroute of Route 25A by the NYS Department of
Transportation, to the northeastern corner of the parcel identified as
District 200, Section 102, Block 3, Lot 1.4; thence southward along the
westerly boundary of that parcel to the parcel identified as District
200, Section 102, Block 3, Lot 1.6; thence generally westward and
southward along the westerly boundaries of that parcel and the adjoining
southerly parcel identified as District 200, Section 102, Block 3, Lot
1.5 to the boundary of the NYS Rocky Point Land; thence westward along
the northerly boundary of the NYS Rocky Point Land to County Route 21;
thence generally westward along a straight line across County Route 21
to the northernmost extent along County Route 21 of the NYS Rocky Point
Land; thence generally westward along the generally northerly boundary
of the NYS Rocky Point Land to the point or place of beginning, and
Excluding the area defined as beginning at a point where the southerly
boundary of NYS Route 25 meets the easterly side of the Suffolk County
Pine Trail Nature Preserve; thence southeastward along the easterly side
of the Suffolk County Pine Trail Nature Preserve where the Preserve is
adjacent to developed parcels, or along a line parallel to, and 100 (one
hundred) feet east of, the Preserve where the Preserve is adjacent to
parcels which are undeveloped as of June 1, 1993, to the Long Island
Lighting Company high voltage transmission lines; thence northward along
the westerly side of the Long Island Lighting Company high voltage
transmission lines to NYS Route 25; thence westward along the southerly
side of NYS Route 25 to the point or place of beginning;
12. "Compatible growth area" shall mean the compatible growth area
which comprises that area within the central pine barrens, but outside
the core preservation area as defined.
13. "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
article to involve development as defined in this subdivision:
(a) a change in type of use of a structure or land or, if the
ordinance or rule divides uses into classes, a change from one class of
use designated in an ordinance or rule 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;
(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 article:
(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 article, 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 any land for the purpose of agriculture or
horticulture;
(vi) work by an utility performed for the purpose of public health,
safety, or welfare and consistent with the goals and objectives of this
article;
(vii) existing or expanded recreational use consistent with the
purposes of this article 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;
(viii) a change in use of land or structure from a use within a class
specified in an ordinance or rule to another use in the same class;
(ix) residential development on any subdivision, residential clustered
development, land division or site plan which has received preliminary
or final approval on or before June first, nineteen hundred
ninety-three, providing the lots to be built upon conform to the lot
area requirements of the current zoning, are subject to the three year
exemption contained in section two hundred sixty-five-a of the town law,
or are subject to an exemption from an upzoning adopted by a town board;
(x) in the core preservation area, construction of one single family
home and customary accessory uses thereto on those parcels identified in
the comprehensive land use plan adopted by the commission in June of
nineteen hundred ninety-five and as amended on February twenty-first,
two thousand one;
(xi) in the compatible growth area, construction of single family
homes and customary accessory uses thereto on any lot held on June 1,
1993 in ownership singly and separately from adjacent lots;
(xii) in the compatible growth area, continuation of existing
non-conforming uses, and activities permitted by special permit or
special exception, including renewals of said special permits or
exceptions;
(xiii) in the compatible growth area, land divisions or subdivisions
in the compatible growth area consisting of five or fewer residential
lots which conform to the lot area requirement of the existing zoning
for the subject parcel;
(xiv) in the compatible growth area, renovations, reconstructions,
additions or extensions to existing commercial or industrial uses
providing the addition or extension conforms to the uses permitted in
the zoning district in which said parcel is located and which does not
increase existing square footage by more than twenty-five percent; or
(xv) in the core preservation area, the state or public corporation
projects on parcels identified in the comprehensive land use plan
adopted by the commission in June of nineteen hundred ninety-five, as
amended on February twenty-first, two thousand one and October
twentieth, two thousand four.
Development as designated in an ordinance, rule, or development permit
includes all other development customarily associated with it unless
otherwise specified.
14. "Agriculture" or "horticulture" shall mean any production of
plants or animals useful to man, including but not limited to: forage or
sod crops; grains and feed crops; dairy animals and dairy products;
poultry and poultry products; livestock, including beef cattle, sheep,
swine, horses, ponies, mules or goats, and including the breeding and
grazing of any or all of such animals; bees and apiary products; fur
animals; trees and forest products; fruits of all kinds including
wineries; vegetables; nursery, floral, ornamental and greenhouse
products and farmstands for selling products raised or produced on site
and other associated structures required for their production.
Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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