N.Y. Comp. Codes R. & Regs. tit. 9 § 570.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 570.3 - Definitions used in these regulations

The definitions of section 802 of the Adirondack Park Agency Act, some of which are clarified in this section, and the additional definitions set forth in this section, shall apply to these regulations. Certain definitions which apply only to wild, scenic and recreational rivers and river areas or only to freshwater wetlands are set forth in sections 577.2 and 578.3 of this Title, respectively. Certain other definitions with limited applicability may be found in other Parts of these regulations.

(a)Agency member means an agency member or designee.

(b)Bed and breakfast means a tourist accommodation located within a single family dwelling or multiple family dwelling.

(c)Boathouse means a covered structure with direct access to a navigable body of water which:

(1) is used only for the storage of boats and associated equipment;

(2) does not contain bathroom facilities, sanitary plumbing, or sanitary drains of any kind;

(3) does not contain kitchen facilities of any kind;

(4) does not contain a heating system of any kind;

(5) does not contain beds or sleeping quarters of any kind;

(6) does not exceed a single story in that the roof rafters rest on the top plate of the first floor wall, and all rigid roof surfaces have a minimum pitch of 4 on 12, or, alternatively, 1 flat roof covers the entire structure; and

(7) has a footprint of 1,200 square feet or less measured at the exterior walls (or in the absence of exterior walls, at the perimeter of the roof), and a height of 15 feet or less. For the purpose of this definition, the height of a boathouse shall be measured from the surface of the floor serving the boat berths to the highest point of the structure. The dimensional requirements specified herein shall not apply to a covered structure for berthing boats located within the Lake George Park, provided the structure is built or modified in accordance with a permit from the Lake George Park Commission and is located fully lakeward of the mean high-water mark of Lake George.

(d)Campground means:

(1) Any area designed and in fact used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes or similar facility designed for temporary shelter, without structural additions to or removal of wheels from vehicles admitted.

(2) For the purpose of this definition, camp trailers, travel trailers, motor homes or similar facility designed for temporary shelter shall not include any single vehicle exceeding eight feet in width or 35 feet in length or vehicles including a trailer or semi-trailer or any combination exceeding eight feet in width or a total of 55 feet in length nor shall any campground permit structural additions to or removal of wheels from vehicles admitted or furnish all-weather water supply or sewage disposal connections at individual sites.

(e)Chief elected officer means a town supervisor or a village mayor.

(f)Clearcutting means:

(1) Any cutting of trees over six inches in diameter at breast height over any 10-year cutting cycle where the average residual basal area of such trees after such cutting is less than 30 square feet per acre, measured within the area harvested.

(2) Where regeneration is assured by stand conditions such that after such cutting the average residual basal area of trees at least one inch in diameter at breast height is at least 30 square feet per acre, measured within the area harvested, clearcutting will not be deemed to have taken place unless the average residual basal area of trees over six inches in diameter at breast height is less than 10 square feet per acre, similarly measured.

(g)Critical environmental area means:

(1) in a hamlet area, wetlands;

(2) in moderate intensity use, low intensity use, rural use and resource management areas:

(i) wetlands;

(ii) lands at elevations of 2,500 feet or more;

(iii) lands within [ mile of State lands classified wilderness, primitive or canoe by the State Land Master Plan; and

(iv) lands within 1/4 mile of rivers navigable by canoe designated by section 15-2715 of the Environmental Conservation Law to be studied for inclusion in the wild, scenic and recreational rivers system. The rivers to be studied are listed in Appendix Q-6 of this Title; and

(3) in rural use areas, lands within 150 feet of, and in resource management areas, lands within 300 feet of, the edge of the rights-of-way of State or Federal highways, or such county highways as may be designated as major travel corridors by rule or regulation of the agency or in an approved local land use program.

(h)Customarily incidental means, for purposes of the definitions of accessory use and accessory structure, a structure or use which commonly accompanies or is associated with the type of principal land use that is located on the same property.

(i)Development considerations means the list of factors relating to the potential for undue adverse impact upon the resources of the Adirondack Park contained in section 805(4) of the Adirondack Park Agency Act and section 574.5 of this Title and considered by the agency in reviewing a class A or class B regional project. Certain of the development considerations are further defined for this purpose in section 574.5 of this Title.

(j)Dock means a floating or fixed structure that:

(1) extends horizontally (parallel with the water surface) into or over a lake, pond, or navigable river or stream from only that portion of the immediate shoreline or boathouse necessary to attach the floating or fixed structure to the shoreline or boathouse;

(2) is no more than eight feet in width; or in the case of interconnected structures intended to accommodate multiple watercraft or other authorized use, each element of which is no more than eight feet in width; and

(3) is built or used for the purposes of securing and/or loading or unloading watercraft and/or for swimming or water recreation.

A permanent supporting structure located within the applicable setback area which is used to suspend a dock above water level for storage by means of a hoist or other mechanical device is limited to not more than 100 square feet, measured in the aggregate if more than one such supporting structure is used. A dock must remain parallel with the water when suspended for storage, unless the size of the total structure does not exceed 100 square feet. Mechanisms necessary to hoist or suspend the dock must be temporary and must be removed during the boating season.

(k)Freshwater wetlands or wetlands means wetlands as defined in subdivision (ap) of this section.

(l)Guest cottage means not more than one residential structure which is associated with a single family dwelling and which:

(1) is used only on an occasional basis;

(2) is used only by guests of the resident(s) of the single family dwelling;

(3) is not for rent or hire separately from the single family dwelling;

(4) contains one-half or less of the enclosed floor space of the associated single family dwelling or 2,000 square feet, whichever is less; and

(5) otherwise meets the definition of accessory structure.

(m)Hunting and fishing cabin and hunting and fishing and other private club structure means a cabin, camp or lean-to or other similar structure designed and used only for occasional occupancy and primarily for hunting, fishing and similar purposes that:

(1) is a one-story structure but may include a sleeping loft;

(2) is built on posts or piers and does not have a permanent foundation;

(3) is served by a sanitary pit privy or chemical toilet and does not have a conventional, onsite wastewater treatment system;

(4) does not have pressurized or indoor plumbing (this prohibition does not preclude a kitchen sink with appropriate grey water leach pit); and

(5) is not connected to any public utilities (such as electric, phone, cable, water or sewer systems).

(n)Immediate family means parents, children, brothers and sisters, grandparents, grandchildren and spouses. The term includes members of a family, whether by adoption or blood relation, and includes half-blood members.

(o)Involving wetlands means any activity which is a regulated activity as defined in section 578.3(n) of this Title.

(p)Land use and development plan or plan means the Adirondack Park land use and development plan prepared by the agency and adopted in section 805(1) of the Adirondack Park Agency Act, including the plan map; the provisions of the plan as contained in section 805(3) and section 805(4) of the Act and sometimes referred to as the provisions of the plan; and the shoreline restrictions contained in section 806 of the Act.

(q)Large-scale projects means those projects for which, because of:

(1) a substantial amount of land or number of lots;

(2) a lengthy construction time;

(3) technical complexities; or

(4) any other reason, the requirement of furnishing all final detailed engineering and planning information and other detailed data necessary for the issuance of a permit for development of the project at any one time may be unduly burdensome.

(r)Local government means any town or village whose boundaries lie wholly or partly within the Adirondack Park, except that such term shall not include that portion of a town within any incorporated village.

(s)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, including 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.

(t)Major public utility use means:

(1) Any electric power transmission or distribution line and associated equipment of a rating of more than 15 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 25 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 50 or more principal buildings.

(2) Any use which is subject to the jurisdiction of the Public Service Commission pursuant to article seven or eight of the Public Service Law or other prior approval by the Public Service Commission pursuant to the Public Service Law is not a major public utility use for the purpose of these regulations 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 these regulations.

(u)Marina means any facility providing boat docks or moorings or a fee or other consideration and often offering supply, storage, repair and other services.

(v)Material detrimental reliance means, for the purposes of applying section 571.5 of this Title, that the recipient of a jurisdictional determination has completed significant project components, or expended significant sums of money or otherwise taken significant actions in furtherance of the project, based upon a written formal jurisdictional determination issued by those agency staff members identified in section 571.5(b) of this Title and would experience a substantial adverse economic effect if the jurisdictional determination were reversed.

(w)Official Map means the Adirondack Park Land Use and Development Plan Map which depicts the private land use areas as identified, updated and filed pursuant to section 805 of the Adirondack Park Agency Act and which is maintained in an electronic format at the headquarters of the Adirondack Park Agency.

(x)Multiple family dwelling means:

(1) Any apartment, town house, condominium, cooperative 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.

(2)Multiple family dwelling shall also include any such building containing two or more separate dwelling units used on a time-sharing, leased time or other similar basis whereby more than one person, group of persons or family has a legal right of occupancy at differing times.

(y)Open space recreation use means:

(1) 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; or playground, picnic area, public park, public beach or similar use.

(2) A use involving filling of wetlands or substantial construction or land disturbance is not an open space recreation use.

(z)Overall intensity guidelines means the following guidelines for development of the private land use areas of the park:

Land use area	Approximate number of principal buildings per square mile
Hamlet	No guideline
Moderate intensity use	500
Low intensity use	200
Rural use	75
Resource management	15
Industrial use	No guideline

(aa)Preexisting land use or development or preexisting use means any land use or development, including any structure, lawfully in existence prior to August 1, 1973. For the purposes of this definition, lawfully means in full compliance with all applicable laws, rules and regulations, including possession of and compliance with any permit or other approval required under the Public Health Law, the Environmental Conservation Law, or any local or other governmental regulation.

(ab)Preexisting subdivision of land or preexisting subdivision means any subdivision or portion of a subdivision lawfully in existence prior to August 1, 1973. For the purposes of this definition, lawfully shall have the meaning set forth in subdivision (aa) of this section.

(ac)Principal building means any one of the following:

(1) a single family dwelling or mobile home constitutes one principal building;

(2) a tourist cabin or similar structure for rent or hire involving 300 square feet or more of floor space constitutes one principal building;

(3) each dwelling unit of a multiple family dwelling, including each separate dwelling unit used on a time-sharing, leased time or other similar basis whereby more than one person, group of persons or family has a legal right of occupancy at differing times, constitutes one principal building;

(4) 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 300 square feet of floor space, constitutes one tenth of a principal building;

(5) each commercial use structure and each industrial use structure in excess of 300 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 11,000 square feet of floor space or portion thereof of such commercial use structure constitutes one principal building;

(6) 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 one principal building;

(7) any other structure which exceeds 1,250 feet of floor space constitutes one principal building;

(8) 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.

(ad)Project sponsor means any person having a legal interest in property, including a landowner, tenant, mortgagee, contract vendee, or optionee, and who makes application to the agency or a local government for the review of a project proposed on such property.

(ae)Retaining wall means a permanent structure of cribbing, wood, masonry, stone, concrete or other material that supports a mass of soil.

(af)Rivers project means those new land uses, developments or subdivisions of land requiring a permit pursuant to section 577.5 of this Title.

(ag)Shoreline restrictions means those restrictions upon land use and development or subdivision of land contained in section 806 of the Adirondack Park Agency Act and Part 575 of this Title.

(ah)Square feet of floor space of a building shall be the area in square feet measured from the exterior walls of a structure, including the sum total of all floor areas, and including all attached covered porches and covered decks, and all other attached components with a roof or cover. The area shall also include any finished attic or basement. For the purposes of this definition, a finished basement or attic is one which contains walls, flooring, and ceiling suitable for use as a bedroom, living room, playroom or office area, or if a non-residential use, suitable for storage, work area, or office.

(ai)Square footage of a structure other than a building shall be the exterior area of the structure, measured in either the elevation (face) or plan (top) view, whichever is larger.

(aj)State Land Master Plan means the master plan for the management of State lands referred to in section 816 of the Adirondack Park Agency Act.

(ak)Structure means:

(1) 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.

(2) For the purpose of Part 577 of this Title pertaining to wild, scenic and recreational rivers, structure is defined in section 577.2(u) of this Title.

(al)Subdivision of land or subdivision means:

(1) 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 or 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.

(2)Subdivision includes, but is not limited to:

(i) residential subdivisions, which may include surveyed lot lines, building sites, roads, utilities, water and sewerage facilities, and the like;

(ii) subdivisions where land is divided into sites by lease, license or separate occupancy without any formal conveyance of fee title or other interest in realty, such as the granting of permission for emplacement of a number of mobile homes, or the construction of a single family dwelling or mobile home on a lot already containing an existing single family dwelling or mobile home;

(iii) subdivisions consisting of land transfers for nonresidential purposes, such as large- scale bulk land sales;

(iv) subdivisions not pursuant to a filed plat, such as the division of a farm or forested tract into parcels of acreage larger than conventional homesite lots, whether or not construction is planned.

(3) The mere filing of maps, plats or plans required by statute, or entering into a contract of sale or other agreement where possession of or title to land is not actually or constructively transferred, shall not be considered to be the undertaking of a subdivision. Undertake is further defined in subdivision (am) of this section.

(4) Subdivision of land shall not include the lease of land for hunting and fishing and other open space recreation uses.

(am)Undertake means:

(1) Any commencement of a material disturbance of land, including the commencement of road construction, grading, the installation of utilities, clearing of building sites, excavation (including excavation for the installation of foundations, footings and septic systems), or any commencement of landscaping or any other material disturbance of land preparatory or incidental to a proposed land use or development or subdivision.

(2)Undertake also means in the case of a subdivision to execute and to deliver any contract, mortgage or conveyance which actually or constructively transfers possession of or title to land.

(3) Preliminary field survey work unaccompanied by more than minimal vegetative clearing necessary for such purposes, the digging of soil test pits, the performing of soil percolation tests and other minor site inspections, the staking of lots or the securing of other approvals or permits required by law, shall not be considered undertaking a project.

(an)Wastewater means any sewage, septic or other liquid wastes for purposes of administering the Adirondack Park Agency Act, the Freshwater Wetlands Act, and the Wild, Scenic and Recreational Rivers Act.

(ao)Watershed management or flood control project means any dam, impoundment, dike, riprap or other structure or channelization or dredging activity designed to alter or regulate the natural flow or condition of a river or permanent or intermittent stream or the natural level or condition of lake or pond. 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 purpose of these regulations.

(ap)Wetlands or freshwater wetlands means:

(1) Any land annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp or marsh, which is (i) one acre or more in size, or (ii) 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.

(2) Open waters immediately adjacent to wetlands and lands entirely surrounded by wetlands will be considered part of the wetlands if these areas are essential to the preservation of the wetland vegetation.

(3) The definition of wetlands is stated in technical terms in section 578.3(k) of this Title. Lands will not be considered wetlands unless they also meet that definition.

(aq)Wetlands project means those activities in freshwater wetlands or adjacent areas requiring a permit pursuant to section 578.2 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 570.3