§ 802 — Definitions

New York § 802

• Jurisdiction: New York
• Law EXC: Executive
• Art. 27: Adirondack Park Agency

Text

§ 802. Definitions. As used in this article, unless the context\notherwise requires, the following words and terms shall have the meaning\nascribed to them.\n 1. "Adirondack park" or "park" means land lying within the area\ndescribed in subdivision one of section 9-0101 of the environmental\nconservation law including any future amendments thereto.\n 2. "Adirondack park local government review board" or "review board"\nmeans the board established in section eight hundred three-a.\n 3. "Agency" means the Adirondack park agency created by section eight\nhundred three of this article.\n 4. "Accessory use" means any use of a structure, lot or portion\nthereof that is customarily incidental and subordinate to and does not\nchange the character of a principal land use or development, including\nin the case of residential structures, professional, commercial and\nartisan activities carried on by the residents of such structures.\n 5. "Accessory structure" means any structure or a portion of a main\nstructure customarily incidental and subordinate to a principal land use\nor development and that customarily accompanies or is associated with\nsuch principal land use or development, including a guest cottage not\nfor rent or hire that is incidental and subordinate to and associated\nwith a single family dwelling.\n 6. "Agricultural service use" means any milk processing plant, feed\nstorage supply facility, farm machinery or equipment sales and service\nfacility; storage and processing facility for fruits, vegetables and\nother agricultural products or similar use directly and customarily\nrelated to the supply and service of an agricultural use.\n 7. "Agricultural use" means any management of any land for\nagriculture; raising of cows, horses, pigs, poultry and other livestock;\nhorticulture or orchards; including the sale of products grown or raised\ndirectly on such land, and including the construction, alteration or\nmaintenance of fences, agricultural roads, agricultural drainage systems\nand farm ponds.\n 8. "Agricultural use structure" means any barn, stable, shed, silo,\ngarage, fruit and vegetable stand or other building or structure\ndirectly and customarily associated with agricultural use.\n 9. "Approved local land use program" means any local land use program\napproved by the agency under section eight hundred seven.\n 10. "Campground" means any area designed for transient occupancy by\ncamping in tents, camp trailers, travel trailers, motor homes or similar\nfacility designed for temporary shelter.\n 11. "Character description, policies, purposes and objectives of a\nland use area" means those land use are character descriptions,\npolicies, purposes and objectives of the land use and development plan\ncontained in subdivision three of section eight hundred five.\n 12. "Chief elected officer" means in the case of a city, the mayor\nthereof; in the case of a town, the supervisor thereof; and in the case\nof a village, the mayor thereof.\n 13. "Class A regional project" and "class B regional project" means\nthe land use and development and subdivisions of land listed and so\ncharacterized in section eight hundred ten.\n 14. "Classification of compatible uses lists" means the land use and\ndevelopment plan's lists of primary uses and secondary uses for the land\nuse area contained in subdivision three of section eight hundred five.\n 15. "Clearcutting" means any cutting of all or substantially all trees\nover six inches in diameter at breast height over any ten-year cutting\ncycle.\n 16. "Commercial sand and gravel extraction" means any extraction from\nthe land of more than fifty cubic yards in any two year period of sand,\ngravel or topsoil (1) for the purpose of sale or use by persons other\nthan the owner of the land or (2) for the purpose of use by any\nmunicipality.\n 17. "Commercial use" means any use involving the sale or rental or\ndistribution of goods, services or commodities, either retail or\nwholesale, or the provision of recreation facilities or activities for a\nfee other than any such uses specifically listed on any of the\nclassification of compatible uses lists.\n 17-a. "Community housing" means a dwelling unit (i) not exceeding one\nthousand five hundred square feet of floor space each (excluding the\nfirst floor of a garage), (ii) located on one contiguous parcel, (iii)\nlocated within a moderate intensity use or low intensity use land use\narea, (iv) located within three miles of a hamlet land use area and not\ncloser than one-tenth mile of a shoreline of a lake, pond or navigable\nriver or stream, or located within one mile of the location of the\nfollowing post offices on the enactment date of this subdivision and not\ncloser than one-tenth mile of a shoreline of a lake, pond or navigable\nriver or stream: Athol, NY 12810; Brantingham, NY 13312; Gabriels, NY\n12939; Hoffmeister, NY 13353; Hulett's Landing, NY 12841; Kattskill Bay,\nNY 12844; Paul Smiths, NY 12970; Piseco, NY 12139; Sabael, NY 12864;\nWanakena, NY 13695; White Lake, NY 12786; and (v) limited in perpetuity\nby deed or other legal instrument enforceable by a third party and the\nstate of New York to primary single family dwellings for persons with\none hundred twenty per centum or less of the area median income,\nadjusted for family size, as defined by the United States department of\nhousing and urban development for the county in which such project is\nlocated; provided however, that each dwelling unit shall constitute a\nseparate lot, parcel or site for purposes of agency jurisdiction\npursuant to subparagraph one of paragraph (b) and subparagraph one of\nparagraph (a) of subdivision two of section eight hundred ten of this\narticle.\n 18. "Development considerations" means the development considerations\nof the land use and development plan contained in subdivision four of\nsection eight hundred five.\n 19. "Existing land use or development" or "existing use" means any\nland use or development in existence at any given time.\n 20. "Existing subdivision of land" or "existing subdivision" means any\nsubdivision in existence at any given time.\n 21. "Forestry use" means any management, including logging, of a\nforest, woodland or plantation and related research and educational\nactivities, including the construction, alteration or maintenance of\nwoodroads, skidways, landings, fences and forest drainage systems.\n 22. "Forestry use structure" means any barn, shed, garage, research,\neducational or administrative building or cabin directly and customarily\nassociated with forestry use.\n 23. "Group camp" means any land or facility for seasonal housing and\nrecreational, educational or business related use by private groups or\nsemi-public groups, such as a boy scout camp, fraternal lodge or\nuniversity or college conference center.\n 24. "Industrial use" means any manufacturing, production or assembly\nof goods or material, including any on site waste disposal area directly\nassociated with an industrial use. This term does not include mineral\nextractions, private and commercial sand and gravel extractions,\nsawmills, chipping mills, pallet mills and similar wood using\nfacilities.\n 25. "In existence" means (a) with respect to any land use or\ndevelopment, including any structure, that such use or development has\nbeen substantially commenced or completed, and (b) with respect to any\nsubdivision or portion of a subdivision, that such subdivision or\nportion has been substantially commenced and that substantial\nexpenditures have been made for structures or improvements directly\nrelated thereto.\n 26. "Junkyard" means any open lot or area for the dismantling, storage\nor sale, as parts, scrap or salvage, of used or wrecked motor vehicles,\nmachinery, scrap metals, waste papers, rags, used or salvaged building\nmaterials or other discarded material.\n 27. "Land" means the earth, on or below the surface of the ground,\nincluding water and air above, the flora and fauna.\n 28. "Land use or development" or "use" means any construction or other\nactivity which materially changes the use or appearance of land or a\nstructure or the intensity of the use of land or a structure. Land use\nand development shall not include any landscaping or grading which is\nnot intended to be used in connection with another land use, or ordinary\nrepairs or maintenance or interior alterations to existing structures or\nuses.\n 29. "Land use and development plan" or "plan" means the Adirondack\npark land use and development plan prepared by the Adirondack park\nagency as directed by law, approved by the agency on March three,\nnineteen hundred seventy-three, adopted in subdivision one of section\neight hundred five, including the plan map, and any amendments thereto,\nthe provisions of the plan as contained in subdivisions three and four\nof section eight hundred five and sometimes referred to as the\n"provisions of the plan", and any amendments thereto, and the shoreline\nrestrictions contained in section eight hundred six, and any amendments\nthereto.\n 30. "Land use areas" means the six types of land use areas of the land\nuse and development plan delineated on the plan map and provided for in\nsubdivision three of section eight hundred five.\n 31. "Local government" means any city, town or village whose\nboundaries lie wholly or partly within the Adirondack park, except that\nsuch term shall not include in the case of a town that portion thereof\nwithin any incorporated village.\n 32. "Local land use program" means any comprehensive land use and\ndevelopment planning and control program undertaken by a local\ngovernment that includes local land use controls, such as zoning and\nsubdivision regulations and a sanitary code, and governs land use and\ndevelopment and subdivision of land within the entire jurisdiction of\nthe local government.\n 33. "Major public utility use" means any electric power transmission\nor distribution line and associated equipment of a rating of more than\nfifteen kilovolts which is one mile or more in length; any telephone\ninter-exchange or trunk cable or feeder cable which is one mile or more\nin length; any telephone distribution facility containing twenty-five or\nmore pairs of wire and designed to provide initial telephone service for\nnew structures; any television, cable television, radio, telephone or\nother communication transmission tower; any pipe or conduit or other\nappurtenance used for the transmission of gas, oil or other fuel which\nis one mile or more in length; any electric substation, generating\nfacility or maintenance building and any water or sewage pipes or\nconduits, including any water storage tanks, designed to service fifty\nor more principal buildings. Any use which is subject to the\njurisdiction of the public service commission pursuant to article seven\nor article eight of the public service law or other prior approval by\nthe public service commission under the provisions of the public service\nlaw is not a major public utility use or a use for the purposes of this\narticle except for the shoreline restrictions in which case the bodies\nhaving jurisdiction over such uses under such article or other\nprovisions shall have the authority of the agency or a local government\nunder this article.\n 34. "Master plan for management of state lands" means the master plan\nfor management of state lands referred to in section eight hundred\nsixteen.\n 35. "Mineral extraction" means any extraction, other than specimens or\nsamples, from the land of stone, coal, salt, ore, talc, granite,\npetroleum products or other materials, except for commercial sand,\ngravel or topsoil extractions; including the construction, alteration or\nmaintenance of mine roads, mine tailing piles or dumps and mine\ndrainage.\n 36. "Mineral extraction structure" means any mine hoist; ore\nreduction, concentrating, sintering or similar facilities and equipment;\nadministrative buildings; garages or other main buildings or structures.\n 37. "Mobile home" means any self-contained dwelling unit that is\ndesigned to be transported on its own wheels or those of another\nvehicle, may contain the same water supply, sewage disposal and electric\nsystem as immobile housing and is used for either permanent or seasonal\noccupancy. A dwelling unit that is constructed in sections and\ntransported to and assembled on the site is not considered a mobile\nhome.\n 37-a. "Mean high water mark" means the average annual high water\nlevel.\n 38. "Mobile home court" means a parcel of land under single ownership\nwhich is designed and improved for the placement of two or more mobile\nhomes upon units thereof.\n 39. "Multiple family dwelling" means any apartment, town house,\ncondominium or similar building, including the conversion of an existing\nsingle family dwelling, designed for occupancy in separate dwelling\nunits therein by more than one family.\n 40. "Municipality" means any municipal corporation, district\ncorporation or public benefit corporation as such terms are defined in\nsection three of the general corporation law, and any agency or\ninstrumentality of the foregoing, except that the term public benefit\ncorporation shall not include any such corporation any member of which\nis appointed by the governor.\n 41. "New land use or development" or "new land use" means any land use\nor development that is not a preexisting use.\n 42. "New subdivision of land" or "new subdivision" means any\nsubdivision of land that is not a preexisting subdivision.\n 43. "Official Adirondack park land use and development plan map" or\n"plan map" means the map portion of the land use and development plan on\nfile at the headquarters of the Adirondack park agency as required in\nsubdivision one of section eight hundred five.\n 44. "Open space recreation use" means any recreation use particularly\noriented to and utilizing the outdoor character of an area; including a\nsnowmobile, trail bike, jeep or all-terrain vehicle trail; cross-country\nski trail; hiking and backpacking trail; bicycle trail; horse trail;\nplayground, picnic area, public park, public beach or similar use.\n 45. "Optional shoreline clustering provisions" means those provisions\nset forth as an alternative to the shoreline restrictions in section\neight hundred six.\n 46. "Overall intensity guidelines" means the overall intensity\nguidelines for development for the various land use areas of the land\nuse and development plan as contained in subdivision three of section\neight hundred five.\n 47. "Person" means any individual, corporation, partnership,\nassociation, trustee, municipality or other legal entity, but shall not\ninclude the state or any state agency.\n 48. "Preexisting land use or development" or "preexisting use" means\nany land use or development, including any structure, lawfully in\nexistence prior to August one, nineteen hundred seventy-three, provided,\nhowever, that with respect to any land use or development exempt from\nthe agency's interim project review powers under subdivision thirteen of\nsection eight hundred fifteen until June one, nineteen hundred\nseventy-three, such date shall be substituted herein for August one,\nnineteen hundred seventy-three. For the purposes hereof, "lawfully"\nmeans in full compliance with all applicable laws, rules and\nregulations, including, without limitation, possession of and compliance\nwith any permit or other approval required under the public health law,\nthe environmental conservation law, any local or other governmental\nregulation.\n 49. "Preexisting subdivision of land" or "preexisting subdivision"\nmeans any subdivision or portion of a subdivision lawfully in existence\nprior to August one, nineteen hundred seventy-three, provided, however,\nthat with respect to any subdivision or portion of a subdivision exempt\nfrom the agency's interim project review powers under subdivision\nthirteen of section eight hundred fifteen until June one, nineteen\nhundred seventy-three, such date shall be substituted herein for August\none, nineteen hundred seventy-three. For the purposes hereof, "lawfully"\nmeans in full compliance with all applicable laws, rules and\nregulations, including, without limitation, possession of and compliance\nwith any permit or other approval required under the public health law,\nthe environmental conservation law, any local or other governmental\nregulation.\n 50. "Principal building" means any one of the following:\n a. a single family dwelling constitutes one principal building;\n b. a mobile home constitutes one principal building;\n c. a tourist cabin or similar structure for rent or hire involving\nthree hundred square feet or more of floor space constitutes one\nprincipal building;\n d. each dwelling unit of a multiple family dwelling constitutes one\nprincipal building;\n e. each motel unit, hotel unit or similar tourist accommodation unit\nwhich is attached to a similar unit by a party wall, each accommodation\nunit of a tourist home or similar structure, and each tourist cabin or\nsimilar structure for rent or hire involving less than three hundred\nfeet of floor space, constitutes one-tenth of a principal building;\n f. each commercial use structure and each industrial use structure in\nexcess of three hundred square feet constitutes one principal building,\nexcept that for a commercial use structure which involves the retail\nsale or rental or distribution of goods, services or commodities, each\neleven thousand square feet of floor space, or portion thereof, of such\ncommercial use structures constitutes one principal building;\n g. all agricultural use structures and single family dwellings or\nmobile homes occupied by a farmer of land in agricultural use, his\nemployees engaged in such use and members of their respective immediate\nfamilies, will together constitute and count as a single principal\nbuilding;\n h. up to four community housing dwelling units which qualify pursuant\nto subdivision seventeen-a of this section and are located on a\ncontiguous parcel meeting the overall intensity guidelines constitute\none principal building;\n i. any other structure which exceeds twelve hundred fifty feet of\nfloor space constitutes one principal building;\n j. a structure containing a commercial use which is also used as a\nsingle family dwelling constitutes one principal building.\n An accessory structure does not constitute a principal building.\n 51. "Private sand, gravel or topsoil extraction" means any extraction\nfrom the land of sand, gravel or topsoil for the purpose of use, but not\nsale, by the owner of the land or any extraction for the purpose of sale\nof less than fifty cubic yards in any two year period.\n 52. "Project" means any new land use and development or subdivision of\nland that is subject to the review jurisdiction of either the agency or\nlocal government under this article.\n 53. "Project sponsor" means any person making application to the\nagency, or a local government for the review of a project.\n 54. "Public or semi-public building" means any component building of a\ncollege, school, hospital, animal hospital, library, place of worship,\nmuseum, research center, rehabilitation center or similar facility, or a\nmunicipal building.\n 55. "Public utility use" means any public utility use, equipment or\nstructure which is not a "major public utility use." A public utility\nuse does not include any use which is subject to the jurisdiction of the\npublic service commission pursuant to article seven or article eight of\nthe public service law.\n 56. "Shoreline" means that line at which land adjoins the waters of\nlakes, ponds, rivers and streams within the Adirondack park at mean high\nwater.\n 57. "Shoreline restrictions" means those restrictions upon land use\nand development or subdivisions of land as contained in section eight\nhundred six.\n 58. "Single family dwelling" means any detached building containing\none dwelling unit, not including a mobile home.\n 59. "Ski center" means any trail or slope for alpine skiing; including\nlifts, terminals, base lodges, warming huts, sheds, garages and\nmaintenance facilities, parking lots and other buildings and structures\ndirectly and customarily related thereto.\n 60. "State" means the state of New York.\n 61. "State agency" means any department, bureau, commission, board or\nother agency of the state, including any public benefit corporation any\nmember of which is appointed by the governor.\n 62. "Structure" means any object constructed, installed or placed on\nland to facilitate land use and development or subdivision of land, such\nas buildings, sheds, single family dwellings, mobile homes, signs,\ntanks, fences and poles and any fixtures, additions and alterations\nthereto.\n 63. "Subdivision of land" or "subdivision" means any division of land\ninto two or more lots, parcels or sites, whether adjoining or not, for\nthe purpose of sale, lease, license or any form of separate ownership or\noccupancy (including any grading, road construction, installation of\nutilities or other improvements or any other land use and development\npreparatory or incidental to any such division) by any person or by any\nother person controlled by, under common control with or controlling\nsuch person or by any group of persons acting in concert as part of a\ncommon scheme or plan. Subdivision of land shall include any map, plat\nor other plan of the division of land, whether or not previously filed.\nSubdivision of land shall not include the lease of land for hunting and\nfishing and other open space recreation uses.\n 64. "Tourist accommodation" means any hotel, motel, resort, tourist\ncabin or similar facility designed to house the general public.\n 65. "Tourist attraction" means any man-made or natural place of\ninterest open to the general public and for which an admittance fee is\nusually charged, including but not limited to animal farms, amusement\nparks, replicas of real or fictional places, things or people and\nnatural geological formations.\n 66. "Waste disposal area" means any area for the disposal of garbage,\nrefuse and other wastes, including sanitary landfills and dumps, other\nthan an on-site disposal area directly associated with an industrial\nuse.\n 67. "Watershed management or flood control project" means any dam,\nimpoundment, dike, rip rap or other structure or channelization or\ndredging activity designed to alter or regulate the natural flow or\ncondition of rivers or streams or the natural level or condition of\nlakes or ponds. Any such project for which a permit or approval is\nrequired prior to commencement from the department of environmental\nconservation is not a watershed management or flood control project or a\nuse for the purposes of this article.\n 68. "Wetlands" means any land which is annually subject to periodic or\ncontinual inundation by water and commonly referred to as a bog, swamp\nor marsh which are either (a) one acre or more in size or (b) located\nadjacent to a body of water, including a permanent stream, with which\nthere is free interchange of water at the surface, in which case there\nis no size limitation.\n