§ 55-0113. Special groundwater protection areas; Long Island

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Terms Used In N.Y. Environmental Conservation Law 55-0113

  • Plan: shall mean the comprehensive management plan established pursuant to section 55-0115 of this article. See N.Y. Environmental Conservation Law 55-0107
  • Special groundwater protection area: shall mean recharge watershed area within a designated sole source area contained within counties having a population of one million or more which is particularly important for the maintenance of large volumes of high quality groundwater for long periods of time. See N.Y. Environmental Conservation Law 55-0107

designation.

1. Nine areas shall be designated for the purposes of this article as special groundwater protection areas. They are identified as follows:

(a) the North Hills area of the town of North Hempstead, Nassau county;

(b) the area of the Northeastern villages of the town of Oyster Bay, Nassau county;

(c) the Woodbury road-West Pulaski road area, town of Huntington, Suffolk county;

(d) the West Hills area of the town of Huntington, Suffolk county;

(e) the Oak Brush Plains of the towns of Babylon and Huntington, Suffolk county;

(f) the Setauket Pine Barrens, town of Brookhaven, Suffolk county;

(g) the Central Pine Barrens of the towns of Brookhaven, Riverhead and Southampton, Suffolk county;

(h) the South Fork Morainal Forest of the towns of Southampton and East Hampton, Suffolk county; and

(i) the Hither Hills area of the town of East Hampton, Suffolk county.

2. Such areas identified for Long Island in this section shall be addressed concurrently as a single planning project in order to insure consistency and uniformity in the development of a management plan that recognizes the regional importance of the special groundwater protection areas.

3. The preliminary boundaries of the special groundwater protection areas designated in subdivision one of this section shall be those identified in the state groundwater management plan except for said areas designated in paragraphs (a) and (b) of subdivision one of this section which shall be the same as those areas adopted by the Nassau County Board of Health pursuant to article ten of the Nassau County Public Health Ordinance on December twelfth, nineteen hundred eighty-four. Final boundaries shall be determined on the basis of information developed in accordance with the requirements of section 55-0115 of this article.

4. Other areas not identified in this section can be petitioned for according to the guidelines set forth in section 55-0109 of this article.

5. The Long Island regional planning board is designated as the planning entity for the nine special groundwater protection areas herein identified on Long Island, and is authorized to carry out the planning work specified in this article.

6. An advisory group to be known as the "special groundwater protection area advisory council" shall be established. The voting membership shall consist of representatives of the following organizations: one member from the Nassau county department of health; one member from the Nassau county department of public works; one member from the Nassau county planning commission; two members from the Suffolk county department of health services; one member from the New York state department of environmental conservation; one member from the New York state department of health; two members from the New York state legislative commission on water resource needs of Long Island; two members from conservation organizations having property or other interests in one or more of the special groundwater protection areas; and a member from each town which contains part or all of a special groundwater protection area. The special groundwater protection area advisory council shall serve as an advisory group to the Long Island regional planning board and shall assist in the development, review, and implementation of the management plan.

7. The Long Island regional planning board shall submit an outline of the plan of work designed to complete the requirements of sections 55-0115 and 55-0117 of this article, acceptable to the commissioner and a budget request, therefor.

8. No municipality located within a special groundwater protection area designated in paragraph (a) of subdivision one of this section shall use public funds to acquire land within such special groundwater protection area being used as a recreational facility or open space at the time of proposed acquisition unless such land is being offered for sale or a change of use for such land is proposed by the owner thereof.