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This entry was published on 2014-09-22
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SECTION 57-0205
Plan contents
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 57, TITLE 2
§ 57-0205. Plan contents.

1. Protection areas. The plan shall provide for protection areas
within the study area that are designed to protect and preserve
watershed functions in the Peconic Bay watershed by:

(a) preserving lands in their natural state;

(b) promoting compatible agricultural, horticultural, and open space
recreational uses;

(c) prohibiting development or redirecting development outside the
protection areas;

(d) accommodating necessary management practices;

(e) protecting the quality of surface waters and groundwaters; and

(f) coordinating and providing for the acquisition of private lands
interests as appropriate and consistent with available funds.

2. Permit provisions for development. (a) Any person, upon a showing
of extraordinary hardship or compelling public need caused by the
provisions of subdivision one of this section, may apply to the town
board for a permit exempting such person from the development
prohibition provided for in subdivision one of this section. Such
application for a permit shall be approved if the applicant satisfies
the standards for either extraordinary hardship or compelling public
need. In the case where a governmental entity is the applicant a permit
may be granted only upon a showing of compelling public need.

(b) Extraordinary hardship shall be deemed to have been met if the
applicant has established, based upon specific facts, that the subject
property does not have any beneficial use if used for its present use or
developed as permitted by the provisions of subdivision one of this
section and that this inability to have a beneficial use results from
unique circumstances peculiar to the subject property which: (i) do not
apply to or affect other property in the immediate vicinity; (ii) relate
to or arise out of characteristics of the subject property, rather than
the personal situation of the applicant; or (iii) do not arise out of
the action or inaction of the applicant.

(c) Compelling public need shall be deemed to have been met if:

(i) the proposed development will serve an essential health or safety
need of the town;

(ii) the public benefits from the proposed development would override
the preservation of the protection area;

(iii) that the proposed use is required to serve the existing needs of
the residents; and

(iv) no feasible alternatives exist outside the protection area to
meet the established public need.

(d) A permit for development in the protection area shall also meet
the following additional standards:

(i) the granting of the permit will not be materially detrimental or
injurious to other property or improvements in the protection area in
which the property is located or endanger public safety or result in the
substantial impairment of the resources of the protected area;

(ii) the permit will not be inconsistent with the purposes,
objectives, or general spirit and intent of this title; and

(iii) the permit is the minimum relief necessary.

(e) The town board shall make a decision on such application within
sixty days of the receipt of a complete application for a permit.