2012 New York Consolidated Laws
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.
    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.