2010 New York Code
EXC - Executive
Article 27 - (800 - 820) ADIRONDACK PARK AGENCY
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.
    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.  any  other  structure  which  exceeds twelve hundred fifty feet of
  floor space constitutes one principal building;
    i. 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.