[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.]
[Adopted 8-14-1990 by L.L. No. 28-1990 (Ch. 180, Art. I,
of the 1985 Code)]
A.Â
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.
B.Â
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.
C.Â
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.
