Terms Used In New York Laws > Executive > Article 27 - Adirondack Park Agency

• 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. See N.Y. Executive Law 802
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agency: means the Adirondack park agency created by section eight hundred three of this article. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Approved local land use program: means any local land use program approved by the agency under section eight hundred seven. See N.Y. Executive Law 802
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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. See N.Y. Executive Law 802
• class B regional project: means the land use and development and subdivisions of land listed and so characterized in section eight hundred ten. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Clearcutting: means any cutting of all or substantially all trees over six inches in diameter at breast height over any ten-year cutting cycle. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Development considerations: means the development considerations of the land use and development plan contained in subdivision four of section eight hundred five. See N.Y. Executive Law 802
• Devise: To gift property by will.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• existing use: means any land use or development in existence at any given time. See N.Y. Executive Law 802
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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. See N.Y. Executive Law 802
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: means the earth, on or below the surface of the ground, including water and air above, the flora and fauna. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Master plan for management of state lands: means the master plan for management of state lands referred to in section eight hundred sixteen. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Municipality: means any municipal corporation, district corporation or public benefit corporation as such terms are defined in § 3 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. See N.Y. Executive Law 802
• new land use: means any land use or development that is not a preexisting use. See N.Y. Executive Law 802
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Optional shoreline clustering provisions: means those provisions set forth as an alternative to the shoreline restrictions in section eight hundred six. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, corporation, partnership, association, trustee, municipality or other legal entity, but shall not include the state or any state agency. See N.Y. Executive Law 802
• Personal property: All property that is not real property.
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Principal building: means any one of the following:
  
  a. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Project sponsor: means any person making application to the agency, or a local government for the review of a project. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Public utility use: means any public utility use, equipment or structure which is not a "major public utility use. See N.Y. Executive Law 802
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• review board: means the board established in section eight hundred three-a. See N.Y. Executive Law 802
• Shoreline: means that line at which land adjoins the waters of lakes, ponds, rivers and streams within the Adirondack park at mean high water. See N.Y. Executive Law 802
• Shoreline restrictions: means those restrictions upon land use and development or subdivisions of land as contained in section eight hundred six. See N.Y. Executive Law 802
• Single family dwelling: means any detached building containing one dwelling unit, not including a mobile home. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• State: means the state of New York. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Subpoena: A command to a witness to appear and give testimony.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Tourist accommodation: means any hotel, motel, resort, tourist cabin or similar facility designed to house the general public. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• 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. See N.Y. Executive Law 802
• Venue: The geographical location in which a case is tried.
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802
• 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. See N.Y. Executive Law 802