[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES245a Uncod LL Pro
Development of agricultural land — See Ch. 8.
Conservation easements — See Ch. 25.
Open space preservation — See Ch. 633.
Utility poles on County rights-of-way — See Ch. 808.
Land development — See Ch. 1001.
Article I Easements Upon County-Owned Property
[Adopted 8-14-1990 by L.L. No. 28-1990 (Ch. 180, Art. I, of the 1985 Code)]
This Legislature hereby finds and determines that the County of Suffolk owns thousands of acres of parkland, open space, nature preserve and other environmentally sensitive lands as a result of aggressive acquisition policies instituted by this Legislature over the past decade.
This Legislature further finds and determines that no comprehensive policy exists for the granting of utility easements on lands so acquired by the County of Suffolk.
Therefore, the purpose of this article is to establish a policy for the granting of utility easements on County-owned lands acquired for park, open space, nature preserve and other environmentally sensitive purposes, as authorized by Article XII of the Suffolk County Charter.
The Suffolk County Board of Trustees of Parks, Recreation and Conservation is hereby designated as the initiating unit for State Environmental Quality Review Act (SEQRA) review purposes in connection with the granting of any utility easements on lands acquired by the County for park, open space, nature preserve, farmland, bird sanctuary, historic trust or other environmentally sensitive purposes, as authorized by Article XII of the Suffolk County Charter.
Prior to granting any utility easement through lands acquired by the County of Suffolk for park, historic trust, nature preserve, farmland, bird sanctuary, open space or other environmentally sensitive purposes, as authorized by Article XII of the Suffolk County Charter, any requests and proposals for such a utility easement shall first be reviewed and approved by the Suffolk County Board of Trustees of Parks, Recreation and Conservation and may be reviewed by such other governmental departments as shall be required by law or by designation of the County Executive or the County Legislature. In addition to other considerations as may be deemed relevant by the Trustees, said Trustees shall give due consideration to any Suffolk County Master Plan; to any local master plans or comprehensive plan developed by the jurisdiction in which such land lies; other relevant plan studies prepared by or on behalf of a pertinent municipality; environmental laws; and state, County and local statutes in considering requests and proposals for utility easements. The determination, conclusion and recommendation of said Board shall then be forwarded to the Suffolk County Legislature for approval or disapproval of any such request or proposal for the granting of a utility easement through any of the above-described lands upon such terms and conditions as may be approved by the County Legislature.
The Suffolk County Board of Trustees of Parks, Recreation and Conservation shall consider local input regarding local master plans, comprehensive plans or laws as required by § 245-3 of this article by conducting at least one public hearing, on proper legal notice, in the municipality in which the utility easement is sought.
This article shall apply to the granting of any utility easements by the County on or after the effective date of this article.