55-0119 – Local Land Use Regulation Within a Special Groundwater Protection Area.

§ 55-0119. Local  land  use  regulation  within  a  special  groundwater
           protection area.
Any land use regulation enacted by any town or village located  within
  a  special  groundwater  protection  area which includes a definition of
  "open space" must consider the impact of such definition  on  the  water
  quality and/or recharge capabilities of the area. Any such definition of
  "open  space" may also consider other purposes of open space, including,
  but not  limited  to,  protection  of  habitat,  farmland,  forest,  air
  quality, view shed protection and recreation. Provided however, that any
  definition  of open space that allows for or includes recreational uses,
  must provide clear guidance as to which recreational uses,  improvements
  or  facilities  serve  the  purpose  of  protecting water quality and/or
  recharge capabilities. "Land use regulation" shall mean an ordinance  or
  local  law  enacted by a municipality with responsibility for zoning and
  includes any zoning,  subdivision,  special  use  permit  or  site  plan
  regulation  or any other regulation which prescribes the appropriate use
  of property, or scale, location and intensity of development.