2006 New York Code - Definitions.

 
  § 52-0101. Definitions.
    As used in this article the following terms shall mean and include:
    1. "Commissioner" means the commissioner of environmental conservation
  except  that  within and for the purposes of title nine of this article,
  the term shall mean the commissioner of parks, recreation  and  historic
  preservation.
    2.  "Cost"  means the cost of an approved project, which shall include
  engineering  and  architectural  services,  plans  and   specifications,
  consultant  and  legal  services,  and other direct expenses incident to
  such project less any federal assistance received or to be received  and
  any other assistance from responsible parties or otherwise.
    3. "Department" means the department of environmental conservation.
    4. "Environmentally  sensitive lands project" means a state project to
  preserve aquifer recharge areas, areas of exceptional scenic  beauty  or
  exceptional  forest  character, open space, pine barrens, public access,
  trailways, unique character, wetlands, and wildlife habitat, as  defined
  below:
    (a)  "Aquifer  recharge  area"  means  the location at which water can
  enter an aquifer directly or indirectly.
    (b) "Exceptional forest character"  means  forest  possessed  of  such
  attributes  as  maturity  of  growth,  scientific  harvesting potential,
  aesthetic appeal or recreational opportunity.
    (c) "Exceptional  scenic  beauty"  means  land  forms,  water  bodies,
  geologic  formations  and  vegetation  which  possess significant scenic
  qualities or significantly contribute to scenic values.
    (d) "Open space" means open or  natural  land  in  or  near  urban  or
  suburban  areas  necessary  to  serve  the  scenic  or  recreation needs
  thereof.
    (e) "Pine barrens" means a natural community of such  biota  as  pitch
  pine,  jack  pine,  and  scrub  oak which may be found associated with a
  variety of natural resources. (f) "Public access" means access to  lands
  for public use, including stream rights and waterways.
    (g)  "Trailways"  means recreational trails developed under guidelines
  established for the development of a statewide trails system.
    (h)  "Unique  character"  means  lands  of  special  natural   beauty,
  wilderness  character, geological, ecological or historical significance
  suitable for the state nature and historic preserve  and  similar  lands
  within  a  forest  preserve  county  outside the Adirondack and Catskill
  parks.
    (i)  "Wetlands"  means  freshwater  wetlands  as  defined  in  article
  twenty-four  of  this  chapter  and tidal wetlands as defined in article
  twenty-five of this chapter.
    (j)  "Wildlife  habitat"  means  specific  areas  essential  for   the
  conservation  of threatened and endangered species which require special
  management considerations or protection for maintenance of such species.
    5. "Federal assistance" shall mean  funds  available,  other  than  by
  loan, from the federal government, either directly or through allocation
  by  the  state  for  construction  or  program  purposes pursuant to any
  federal law or program.
    6. "Forest preserve project" means a state project to acquire land  as
  additions  to  the  forest preserve or to acquire conservation easements
  created pursuant to title three of article forty-nine  of  this  chapter
  within the Adirondack and Catskill parks.
    7 "Governing body" means
    (a) in the case of a town, a town board;
    (b)  in  the  case  of  a  county outside of the city of New York, the
  county board of supervisors or other elective governing body;
    (c) in the case of a city  or  village,  the  local  legislative  body
  thereof, as the term is defined in the municipal home rule law;
    (d)  in  the  case  of  a  public  benefit  corporation,  the board of
  directors, members or trustees thereof; (e) in  the  case  of  a  school
  district, the board of education thereof;
    (f)  in  the  case of a supervisory district, the board of cooperative
  educational services thereof.
    8. "Hazardous waste" shall have the definition set forth in title nine
  of article twenty-seven of this chapter.
    9. "Hazardous waste site remediation project" means the  same  as  the
  term  "inactive  hazardous  waste  disposal  site  remedial  program" as
  defined in subdivision three of section 27-1301 of this chapter.
    10. "Historic preservation project" means:
    (a) State historic preservation projects. A state  project  undertaken
  by the office of parks, recreation and historic preservation to improve,
  restore or rehabilitate state historic properties listed on the state or
  national  registers of historic places to protect the historic, cultural
  or architectural significance thereof.
    (b) Municipal historic preservation project. A project undertaken by a
  municipality to improve,  restore  or  rehabilitate  municipal  property
  listed  on the state or national registers of historic places to protect
  the historic, cultural or architectural significance thereof.
    (c)  Not-for-profit  historic   preservation   projects.   A   project
  undertaken   by   a  not-for-profit  corporation  for  the  acquisition,
  improvement, restoration or rehabilitation of  property  listed  on  the
  state  or national registers of historic places to protect the historic,
  cultural or architectural significance thereof.
    11. "Landfill" means a disposal facility or part of one at which solid
  waste, or its residue after treatment, is intentionally placed in or  on
  land, at which solid waste will remain after closure, and which is not a
  landspreading facility, a surface impoundment, or an injection well.
    12. "Lands" mean lands, improvements and structures thereon or rights,
  franchises,  and  interests  therein,  lands  under  water  and riparian
  rights, and shall also mean any and all interests  in  lands  less  than
  full  title,  including  without  limitations,  easements,  permanent or
  temporary, rights of way, uses, leases, licenses, and any other  estate,
  interests or rights in lands, legal or equitable.
    13.  "Municipal  landfill closure project" means activities undertaken
  to close, including by reclamation, a landfill owned or  operated  by  a
  municipality  to  achieve compliance with regulations promulgated by the
  department.
    14. "Municipal park  project"  means  a  project  including  an  urban
  cultural   park  undertaken  by  a  municipality  for  the  acquisition,
  development or improvement of outdoor or indoor  recreation  facilities,
  including,   but   not   limited   to   site  acquisition,  improvement,
  construction, reconstruction and improvement of  structures,  roads  and
  parking facilities.
    15.  "Municipality",  except as otherwise defined within this article,
  means a city, county,  town,  village,  public  benefit  corporation  or
  school  district  or an improvement district within a city, county, town
  or village, or Indian tribe residing  within  New  York  state,  or  any
  combination thereof.
    16.  "Not-for-profit  corporation" means a corporation formed pursuant
  to the not-for-profit  corporation  law  and  qualified  for  tax-exempt
  status under section 501(c)(3) of the federal internal revenue code.
    17.  "Office"  means  the  office  of  parks,  recreation and historic
  preservation.
    18. "Solid waste" shall have the definition set forth for such term in
  title seven of article twenty-seven of this chapter.
    19. "Urban cultural park" shall have the definition set forth for such
  term  in  title  G  of  article  thirty-one of the parks, recreation and
  historic preservation law.