N.Y. Executive Law § 802: Definitions

§ 802. Definitions. As used in this article, unless the context

otherwise requires, the following words and terms shall have the meaning

ascribed to them.

1. "Adirondack park" or "park" means land lying within the area

described in subdivision one of section 9-0101 of the environmental

conservation law including any future amendments thereto.

2. "Adirondack park local government review board" or "review board"

means the board established in section eight hundred three-a.

3. "Agency" means the Adirondack park agency created by section eight

hundred three of this article.

4. "Accessory use" means any use of a structure, lot or portion

thereof that is customarily incidental and subordinate to and does not

change the character of a principal land use or development, including

in the case of residential structures, professional, commercial and

artisan activities carried on by the residents of such structures.

5. "Accessory structure" means any structure or a portion of a main

structure customarily incidental and subordinate to a principal land use

or development and that customarily accompanies or is associated with

such principal land use or development, including a guest cottage not

for rent or hire that is incidental and subordinate to and associated

with a single family dwelling.

6. "Agricultural service use" means any milk processing plant, feed

storage supply facility, farm machinery or equipment sales and service

facility; storage and processing facility for fruits, vegetables and

other agricultural products or similar use directly and customarily

related to the supply and service of an agricultural use.

7. "Agricultural use" means any management of any land for

agriculture; raising of cows, horses, pigs, poultry and other livestock;

horticulture or orchards; including the sale of products grown or raised

directly on such land, and including the construction, alteration or

maintenance of fences, agricultural roads, agricultural drainage systems

and farm ponds.

8. "Agricultural use structure" means any barn, stable, shed, silo,

garage, fruit and vegetable stand or other building or structure

directly and customarily associated with agricultural use.

9. "Approved local land use program" means any local land use program

approved by the agency under section eight hundred seven.

10. "Campground" means any area designed for transient occupancy by

camping in tents, camp trailers, travel trailers, motor homes or similar

facility designed for temporary shelter.

11. "Character description, policies, purposes and objectives of a

land use area" means those land use are character descriptions,

policies, purposes and objectives of the land use and development plan

contained in subdivision three of section eight hundred five.

12. "Chief elected officer" means in the case of a city, the mayor

thereof; in the case of a town, the supervisor thereof; and in the case

of a village, the mayor thereof.

13. "Class A regional project" and "class B regional project" means

the land use and development and subdivisions of land listed and so

characterized in section eight hundred ten.

14. "Classification of compatible uses lists" means the land use and

development plan's lists of primary uses and secondary uses for the land

use area contained in subdivision three of section eight hundred five.

15. "Clearcutting" means any cutting of all or substantially all trees

over six inches in diameter at breast height over any ten-year cutting

cycle.

16. "Commercial sand and gravel extraction" means any extraction from

the land of more than fifty cubic yards in any two year period of sand,

gravel or topsoil (1) for the purpose of sale or use by persons other

than the owner of the land or (2) for the purpose of use by any

municipality.

17. "Commercial use" means any use involving the sale or rental or

distribution of goods, services or commodities, either retail or

wholesale, or the provision of recreation facilities or activities for a

fee other than any such uses specifically listed on any of the

classification of compatible uses lists.

17-a. "Community housing" means a dwelling unit (i) not exceeding one

thousand five hundred square feet of floor space each (excluding the

first floor of a garage), (ii) located on one contiguous parcel, (iii)

located within a moderate intensity use or low intensity use land use

area, (iv) located within three miles of a hamlet land use area and not

closer than one-tenth mile of a shoreline of a lake, pond or navigable

river or stream, or located within one mile of the location of the

following post offices on the enactment date of this subdivision and not

closer than one-tenth mile of a shoreline of a lake, pond or navigable

river or stream: Athol, NY 12810; Brantingham, NY 13312; Gabriels, NY

12939; Hoffmeister, NY 13353; Hulett's Landing, NY 12841; Kattskill Bay,

NY 12844; Paul Smiths, NY 12970; Piseco, NY 12139; Sabael, NY 12864;

Wanakena, NY 13695; White Lake, NY 12786; and (v) limited in perpetuity

by deed or other legal instrument enforceable by a third party and the

state of New York to primary single family dwellings for persons with

one hundred twenty per centum or less of the area median income,

adjusted for family size, as defined by the United States department of

housing and urban development for the county in which such project is

located; provided however, that each dwelling unit shall constitute a

separate lot, parcel or site for purposes of agency jurisdiction

pursuant to subparagraph one of paragraph (b) and subparagraph one of

paragraph (a) of subdivision two of section eight hundred ten of this

article.

18. "Development considerations" means the development considerations

of the land use and development plan contained in subdivision four of

section eight hundred five.

19. "Existing land use or development" or "existing use" means any

land use or development in existence at any given time.

20. "Existing subdivision of land" or "existing subdivision" means any

subdivision in existence at any given time.

21. "Forestry use" means any management, including logging, of a

forest, woodland or plantation and related research and educational

activities, including the construction, alteration or maintenance of

woodroads, skidways, landings, fences and forest drainage systems.

22. "Forestry use structure" means any barn, shed, garage, research,

educational or administrative building or cabin directly and customarily

associated with forestry use.

23. "Group camp" means any land or facility for seasonal housing and

recreational, educational or business related use by private groups or

semi-public groups, such as a boy scout camp, fraternal lodge or

university or college conference center.

24. "Industrial use" means any manufacturing, production or assembly

of goods or material, including any on site waste disposal area directly

associated with an industrial use. This term does not include mineral

extractions, private and commercial sand and gravel extractions,

sawmills, chipping mills, pallet mills and similar wood using

facilities.

25. "In existence" means (a) with respect to any land use or

development, including any structure, that such use or development has

been substantially commenced or completed, and (b) with respect to any

subdivision or portion of a subdivision, that such subdivision or

portion has been substantially commenced and that substantial

expenditures have been made for structures or improvements directly

related thereto.

26. "Junkyard" means any open lot or area for the dismantling, storage

or sale, as parts, scrap or salvage, of used or wrecked motor vehicles,

machinery, scrap metals, waste papers, rags, used or salvaged building

materials or other discarded material.

27. "Land" means the earth, on or below the surface of the ground,

including water and air above, the flora and fauna.

28. "Land use or development" or "use" means any construction or other

activity which materially changes the use or appearance of land or a

structure or the intensity of the use of land or a structure. Land use

and development shall not include any landscaping or grading which is

not intended to be used in connection with another land use, or ordinary

repairs or maintenance or interior alterations to existing structures or

uses.

29. "Land use and development plan" or "plan" means the Adirondack

park land use and development plan prepared by the Adirondack park

agency as directed by law, approved by the agency on March three,

nineteen hundred seventy-three, adopted in subdivision one of section

eight hundred five, including the plan map, and any amendments thereto,

the provisions of the plan as contained in subdivisions three and four

of section eight hundred five and sometimes referred to as the

"provisions of the plan", and any amendments thereto, and the shoreline

restrictions contained in section eight hundred six, and any amendments

thereto.

30. "Land use areas" means the six types of land use areas of the land

use and development plan delineated on the plan map and provided for in

subdivision three of section eight hundred five.

31. "Local government" means any city, town or village whose

boundaries lie wholly or partly within the Adirondack park, except that

such term shall not include in the case of a town that portion thereof

within any incorporated village.

32. "Local land use program" means any comprehensive land use and

development planning and control program undertaken by a local

government that includes local land use controls, such as zoning and

subdivision regulations and a sanitary code, and governs land use and

development and subdivision of land within the entire jurisdiction of

the local government.

33. "Major public utility use" means any electric power transmission

or distribution line and associated equipment of a rating of more than

fifteen kilovolts which is one mile or more in length; any telephone

inter-exchange or trunk cable or feeder cable which is one mile or more

in length; any telephone distribution facility containing twenty-five or

more pairs of wire and designed to provide initial telephone service for

new structures; any television, cable television, radio, telephone or

other communication transmission tower; any pipe or conduit or other

appurtenance used for the transmission of gas, oil or other fuel which

is one mile or more in length; any electric substation, generating

facility or maintenance building and any water or sewage pipes or

conduits, including any water storage tanks, designed to service fifty

or more principal buildings. Any use which is subject to the

jurisdiction of the public service commission pursuant to article seven

or article eight of the public service law or other prior approval by

the public service commission under the provisions of the public service

law is not a major public utility use or a use for the purposes of this

article except for the shoreline restrictions in which case the bodies

having jurisdiction over such uses under such article or other

provisions shall have the authority of the agency or a local government

under this article.

34. "Master plan for management of state lands" means the master plan

for management of state lands referred to in section eight hundred

sixteen.

35. "Mineral extraction" means any extraction, other than specimens or

samples, from the land of stone, coal, salt, ore, talc, granite,

petroleum products or other materials, except for commercial sand,

gravel or topsoil extractions; including the construction, alteration or

maintenance of mine roads, mine tailing piles or dumps and mine

drainage.

36. "Mineral extraction structure" means any mine hoist; ore

reduction, concentrating, sintering or similar facilities and equipment;

administrative buildings; garages or other main buildings or structures.

37. "Mobile home" means any self-contained dwelling unit that is

designed to be transported on its own wheels or those of another

vehicle, may contain the same water supply, sewage disposal and electric

system as immobile housing and is used for either permanent or seasonal

occupancy. A dwelling unit that is constructed in sections and

transported to and assembled on the site is not considered a mobile

home.

37-a. "Mean high water mark" means the average annual high water

level.

38. "Mobile home court" means a parcel of land under single ownership

which is designed and improved for the placement of two or more mobile

homes upon units thereof.

39. "Multiple family dwelling" means any apartment, town house,

condominium or similar building, including the conversion of an existing

single family dwelling, designed for occupancy in separate dwelling

units therein by more than one family.

40. "Municipality" means any municipal corporation, district

corporation or public benefit corporation as such terms are defined in

section three of the general corporation law, and any agency or

instrumentality of the foregoing, except that the term public benefit

corporation shall not include any such corporation any member of which

is appointed by the governor.

41. "New land use or development" or "new land use" means any land use

or development that is not a preexisting use.

42. "New subdivision of land" or "new subdivision" means any

subdivision of land that is not a preexisting subdivision.

43. "Official Adirondack park land use and development plan map" or

"plan map" means the map portion of the land use and development plan on

file at the headquarters of the Adirondack park agency as required in

subdivision one of section eight hundred five.

44. "Open space recreation use" means any recreation use particularly

oriented to and utilizing the outdoor character of an area; including a

snowmobile, trail bike, jeep or all-terrain vehicle trail; cross-country

ski trail; hiking and backpacking trail; bicycle trail; horse trail;

playground, picnic area, public park, public beach or similar use.

45. "Optional shoreline clustering provisions" means those provisions

set forth as an alternative to the shoreline restrictions in section

eight hundred six.

46. "Overall intensity guidelines" means the overall intensity

guidelines for development for the various land use areas of the land

use and development plan as contained in subdivision three of section

eight hundred five.

47. "Person" means any individual, corporation, partnership,

association, trustee, municipality or other legal entity, but shall not

include the state or any state agency.

48. "Preexisting land use or development" or "preexisting use" means

any land use or development, including any structure, lawfully in

existence prior to August one, nineteen hundred seventy-three, provided,

however, that with respect to any land use or development exempt from

the agency's interim project review powers under subdivision thirteen of

section eight hundred fifteen until June one, nineteen hundred

seventy-three, such date shall be substituted herein for August one,

nineteen hundred seventy-three. For the purposes hereof, "lawfully"

means in full compliance with all applicable laws, rules and

regulations, including, without limitation, possession of and compliance

with any permit or other approval required under the public health law,

the environmental conservation law, any local or other governmental

regulation.

49. "Preexisting subdivision of land" or "preexisting subdivision"

means any subdivision or portion of a subdivision lawfully in existence

prior to August one, nineteen hundred seventy-three, provided, however,

that with respect to any subdivision or portion of a subdivision exempt

from the agency's interim project review powers under subdivision

thirteen of section eight hundred fifteen until June one, nineteen

hundred seventy-three, such date shall be substituted herein for August

one, nineteen hundred seventy-three. For the purposes hereof, "lawfully"

means in full compliance with all applicable laws, rules and

regulations, including, without limitation, possession of and compliance

with any permit or other approval required under the public health law,

the environmental conservation law, any local or other governmental

regulation.

50. "Principal building" means any one of the following:

a. a single family dwelling constitutes one principal building;

b. a mobile home constitutes one principal building;

c. a tourist cabin or similar structure for rent or hire involving

three hundred square feet or more of floor space constitutes one

principal building;

d. each dwelling unit of a multiple family dwelling constitutes one

principal building;

e. each motel unit, hotel unit or similar tourist accommodation unit

which is attached to a similar unit by a party wall, each accommodation

unit of a tourist home or similar structure, and each tourist cabin or

similar structure for rent or hire involving less than three hundred

feet of floor space, constitutes one-tenth of a principal building;

f. each commercial use structure and each industrial use structure in

excess of three hundred square feet constitutes one principal building,

except that for a commercial use structure which involves the retail

sale or rental or distribution of goods, services or commodities, each

eleven thousand square feet of floor space, or portion thereof, of such

commercial use structures constitutes one principal building;

g. all agricultural use structures and single family dwellings or

mobile homes occupied by a farmer of land in agricultural use, his

employees engaged in such use and members of their respective immediate

families, will together constitute and count as a single principal

building;

h. up to four community housing dwelling units which qualify pursuant

to subdivision seventeen-a of this section and are located on a

contiguous parcel meeting the overall intensity guidelines constitute

one principal building;

i. any other structure which exceeds twelve hundred fifty feet of

floor space constitutes one principal building;

j. a structure containing a commercial use which is also used as a

single family dwelling constitutes one principal building.

An accessory structure does not constitute a principal building.

51. "Private sand, gravel or topsoil extraction" means any extraction

from the land of sand, gravel or topsoil for the purpose of use, but not

sale, by the owner of the land or any extraction for the purpose of sale

of less than fifty cubic yards in any two year period.

52. "Project" means any new land use and development or subdivision of

land that is subject to the review jurisdiction of either the agency or

local government under this article.

53. "Project sponsor" means any person making application to the

agency, or a local government for the review of a project.

54. "Public or semi-public building" means any component building of a

college, school, hospital, animal hospital, library, place of worship,

museum, research center, rehabilitation center or similar facility, or a

municipal building.

55. "Public utility use" means any public utility use, equipment or

structure which is not a "major public utility use." A public utility

use does not include any use which is subject to the jurisdiction of the

public service commission pursuant to article seven or article eight of

the public service law.

56. "Shoreline" means that line at which land adjoins the waters of

lakes, ponds, rivers and streams within the Adirondack park at mean high

water.

57. "Shoreline restrictions" means those restrictions upon land use

and development or subdivisions of land as contained in section eight

hundred six.

58. "Single family dwelling" means any detached building containing

one dwelling unit, not including a mobile home.

59. "Ski center" means any trail or slope for alpine skiing; including

lifts, terminals, base lodges, warming huts, sheds, garages and

maintenance facilities, parking lots and other buildings and structures

directly and customarily related thereto.

60. "State" means the state of New York.

61. "State agency" means any department, bureau, commission, board or

other agency of the state, including any public benefit corporation any

member of which is appointed by the governor.

62. "Structure" means any object constructed, installed or placed on

land to facilitate land use and development or subdivision of land, such

as buildings, sheds, single family dwellings, mobile homes, signs,

tanks, fences and poles and any fixtures, additions and alterations

thereto.

63. "Subdivision of land" or "subdivision" means any division of land

into two or more lots, parcels or sites, whether adjoining or not, for

the purpose of sale, lease, license or any form of separate ownership or

occupancy (including any grading, road construction, installation of

utilities or other improvements or any other land use and development

preparatory or incidental to any such division) by any person or by any

other person controlled by, under common control with or controlling

such person or by any group of persons acting in concert as part of a

common scheme or plan. Subdivision of land shall include any map, plat

or other plan of the division of land, whether or not previously filed.

Subdivision of land shall not include the lease of land for hunting and

fishing and other open space recreation uses.

64. "Tourist accommodation" means any hotel, motel, resort, tourist

cabin or similar facility designed to house the general public.

65. "Tourist attraction" means any man-made or natural place of

interest open to the general public and for which an admittance fee is

usually charged, including but not limited to animal farms, amusement

parks, replicas of real or fictional places, things or people and

natural geological formations.

66. "Waste disposal area" means any area for the disposal of garbage,

refuse and other wastes, including sanitary landfills and dumps, other

than an on-site disposal area directly associated with an industrial

use.

67. "Watershed management or flood control project" means any dam,

impoundment, dike, rip rap or other structure or channelization or

dredging activity designed to alter or regulate the natural flow or

condition of rivers or streams or the natural level or condition of

lakes or ponds. Any such project for which a permit or approval is

required prior to commencement from the department of environmental

conservation is not a watershed management or flood control project or a

use for the purposes of this article.

68. "Wetlands" means any land which is annually subject to periodic or

continual inundation by water and commonly referred to as a bog, swamp

or marsh which are either (a) one acre or more in size or (b) located

adjacent to a body of water, including a permanent stream, with which

there is free interchange of water at the surface, in which case there

is no size limitation.