N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-3.2

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

Section 375-3.2 - Definitions

As used in this Subpart, the following terms have the following meanings:

(a) Affordable housing project" means, for purposes of this part, title fourteen of article twenty seven of the environmental conservation law and section twenty one of the tax law only, a project that is developed for residential use or mixed residential use that must include affordable residential rental units and/or affordable home ownership units.

(1) Affordable residential rental projects under this subdivision must be subject to a federal, state, or local government housing agency's affordable housing program, or a local government's regulatory agreement or legally binding restriction, which defines (i) a percentage of the residential rental units in the affordable housing project to be dedicated to (ii) tenants at a defined maximum percentage of the area median income based on the occupants' households annual gross income.

(2) Affordable home ownership projects under this subdivision must be subject to a federal, state, or local government housing agency's affordable housing program, or a local government's regulatory agreement or legally binding restriction, which sets affordable units aside for home owners at a defined maximum percentage of the area median income.

(3) "Area median income" means, for purposes of this subdivision, the area median income for the primary metropolitan statistical area, or for the county if located outside a metropolitan statistical area, as determined by the United States department of housing and urban development, or its successor, for a family of four, as adjusted for family size.

(b) Alternatives analysis means a study undertaken to develop and evaluate options for remedial action in accordance with this Subpart.

(c) Applicant means a person whose request to participate in the Brownfield Cleanup Program has been accepted by the department:

(1) Participant means an applicant who either:

(i) was the owner of the site at the time of the disposal or discharge of contaminants;

(ii) is otherwise a person responsible according to applicable principles of statutory or common law liability, unless such person's liability arises solely as a result of such person's ownership or operation of or involvement with the site subsequent to the disposal or discharge of contaminants.

(2) Volunteer means an applicant other than a participant, including without limitation a person whose liability arises solely as a result of such persons ownership or operation of or involvement with the site subsequent to the disposal or discharge of contaminants; provided, however, such person exercises appropriate care with respect to contamination found at the facility by taking reasonable steps to:

(i) stop any continuing release;

(ii) prevent any threatened future release; and

(iii) prevent or limit human, environmental, or natural resource exposure to any previously released contamination.

(d) Brownfield site cleanup agreement means an agreement executed in accordance with ECL 27-1409 by an applicant and the department for the purpose of completing a brownfield site remedial program.

(e) Change of use means the transfer of title to all or part of such brownfield site, the erection of any structure on such site, the creation of a park or other public or private recreational facility on such site, or any activity that is likely to disrupt or expose contamination or to increase direct human exposure; or any other conduct that will or may tend to significantly interfere with an ongoing or completed remedial program at such site and the continued ability to implement the engineering and institutional controls associated with such site.

(f) Indirect ownership means an ownership interest in an entity that has an ownership interest in an entity.

(g) Newspaper notice means the placement of a prominently located, paid newspaper advertisement in the community bulletin section or similar local section of a newspaper of general circulation in the vicinity of the brownfield site which is the subject of the notice. Such notice shall be in English and in any other language spoken by significant numbers of people within the community.

(h) Ownership means the possession of equity in the capital, the stock or the profits of an entity.

(i) Permanent cleanup or permanent remedy means a cleanup or remedy that would allow a site to be used for any purpose without restriction and without reliance on the long-term employment of institutional or engineering controls.

(j) Requestor means a person who has submitted an application to participate in the Brownfield Cleanup Program whose eligibility has not yet been determined by the department.

(k) Substantial interest means ownership or indirect ownership of 10 per centum or more.

(l) "Underutilized" means, as of the date of application, real property on which no more than fifty percent of the permissible floor area of the building or buildings is certified by the applicant to have been used under the applicable base zoning for at least three years prior to the application, which zoning has been in effect for at least three years; and

(1) the proposed use is at least 75 percent for industrial uses; or

(2) at which:

(i) the proposed use is at least 75 percent for commercial or commercial and industrial uses;

(ii) the proposed development could not take place without substantial government assistance, as certified by the municipality in which the site is located; and

(iii) one or more of the following conditions exists, as certified by the applicant:

(a) property tax payments have been in arrears for at least five years immediately prior to the application;

(b) a building is presently condemned, or presently exhibits documented structural deficiencies, as certified by a professional engineer, which present a public health or safety hazard; or

(c) there are no structures.

"Substantial government assistance" shall mean a substantial loan, grant, land purchase subsidy, land purchase cost exemption or waiver, or tax credit, or some combination thereof, from a governmental entity.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-3.2

Amended New York State Register August 3, 2016/Volume XXXVIII, Issue 31, eff. 8/12/2016