§ 85-720. Nondevelopment; development.

A. 

Nondevelopment.

(1) 

For the purposes of §§ 85-718 through 85-726, any uses or activities which constitute nondevelopment are not subject to the provisions of §§ 85-718 through 85-726 or compliance with the standards and guidelines set forth herein. Without limitation, the following activities or uses constitute nondevelopment for the purposes of §§ 85-718 through 85-726:

(a) 

Public improvements undertaken for the health, safety or welfare of the public. Such public improvements shall be consistent with the goals and objectives of the Long Island Pine Barrens Protection Act (ECL Article 57), and shall include, but not be limited to, maintenance of an existing road or railroad track;

(b) 

Improvements and/or 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 like, and any work pertaining to water supply for the residents of the Town;

(c) 

Without limitation, 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;

(d) 

The use of any structure or land devoted to dwelling uses for any purposes customarily incidental and otherwise lawful;

(e) 

The use of any land for agriculture or horticulture so long as such use does not effectuate any material alteration of native vegetation;

(f) 

Improvements, maintenance or other work by a utility undertaken in the interest of public health, safety, or welfare so long as consistent with the goals and objectives of the Long Island Pine Barrens Protection Act (ECL Article 57);

(g) 

Existing or expanded recreational use consistent with the purpose of §§ 85-718 through 85-726, 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;

(h) 

A change in use of land or structure from a use within a class specified in §§ 85-718 through 85-726 to another use in the same class;

(i) 

Residential development on any subdivision, residential cluster development, land division or site plan which has received preliminary or final approval on or before June 1, 1993, provided 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 § 265-a of Town Law, or are subject to an exemption from an upzoning adopted by the Town Board;

(j) 

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;

(k) 

In the Compatible Growth Area, continuation of existing nonconforming uses, and activities permitted by special permit or special exception, including renewals of said special permits or special exceptions;

(l) 

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 requirements of the existing zoning for the subject parcel; or

(m) 

In the Compatible Growth Area: renovations, reconstruction, additions or extensions to existing commercial or industrial uses, provided 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 25%.

B. 

Development.

(1) 

For the purposes of §§ 85-718 through 85-726, "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 construed as development:

(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 floodplain 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.

(g) 

All other development customarily permitted under this chapter unless otherwise specified.

(2) 

In accordance with Article 57 of the Environmental Conservation Law and under the Plan, review of development proposals by the Joint Planning and Policy Commission is limited to:

(a) 

All development proposed within the Core Preservation Area.

(b) 

Development within the Compatible Growth Area which constitutes development of regional significance, as defined herein.

(c) 

A development project within the Compatible Growth Area by which an individual Commissioner may petition for review and a majority vote asserts review jurisdiction over such development.

(d) 

Development within the Compatible Growth Area that does not conform to the standards as set forth herein.

(e) 

Development within the Compatible Growth Area which is also within a Critical Resource Area.

C. 

Development proposals of regional significance. Development proposals within the Compatible Growth Area which meet the threshold(s) of a development proposal of regional significance shall be subject to a full review by the Commission pursuant to Article 57 of the Environmental Conservation Law.

(1) 

Development applications which meet the following criteria are deemed development proposals of regional significance:

(a) 

A commercial, industrial or office development project exceeding 300,000 square feet of gross floor area, or an addition to an existing commercial, industrial or office development where the addition is 100,000 square feet or more and that addition causes the total square footage to exceed 300,000 square feet.

(b) 

A multifamily residential development project consisting of 300 or more units.

(c) 

A single-family, detached residential development project consisting of 200 or more units.

(d) 

A development project resulting in a traffic impact which would reduce service by two levels below existing conditions or to a level of service D or below.

(2) 

Exceptions to development proposals of regional significance are development applications which:

(a) 

Are situated within a designated receiving district.

(b) 

Result from a transfer of development rights from a sending area (the Core Preservation Area).

(c) 

Contain a minimum of 15% of residential units or a minimum of 15% of commercial, industrial or office use square footage, as a direct result of the transfer of development rights.