Section 499-AAA. Definitions  


Latest version.
  • When used in this title, the following terms
      shall have the following meanings:
        1. "Applicant" shall mean (a) with respect  to  an  eligible  building
      held  in  the cooperative or condominium form of ownership, the board of
      managers of a condominium or the board of  directors  of  a  cooperative
      apartment  corporation,  or  (b)  with  respect  to  any  other eligible
      building, the owner of such building.
        2. "Application for tax abatement" shall mean  an  application  for  a
      green   roof   tax   abatement   pursuant   to   section   four  hundred
      ninety-nine-ccc of this title.
        3. "Architect" shall mean a person licensed and registered to practice
      the profession of architecture under the education law.
        4. "Compliance period"  shall  mean  the  tax  year  in  which  a  tax
      abatement is taken.
        5.  "Department  of finance" shall mean the department of finance of a
      city having a population of one million or more persons.
        6. "Designated agency" shall mean one or more agencies or  departments
      of  a  city  having a population of one million or more persons that are
      designated by the mayor of such city to exercise the  functions,  powers
      and duties of a designated agency pursuant to this title.
        7. "Eligible building" shall mean a class one, class two or class four
      real property, as defined in subdivision one of section eighteen hundred
      two  of  this  chapter, located within a city having a population of one
      million or more persons. No building shall be eligible for more than one
      tax abatement pursuant to this title.
        8. "Eligible rooftop space" shall mean the total space available on an
      eligible building to support a green roof, as certified by  an  engineer
      or  architect  or  other  certified  or  licensed  professional  whom  a
      designated agency designates by rule.
        9. "Engineer" shall mean a person licensed and registered to  practice
      the profession of engineering under the education law.
        10.  "Green  roof"  shall  mean  an  addition to a roof of an eligible
      building that covers at least fifty percent of such building's  eligible
      rooftop  space  and  includes  (a) a weatherproof and waterproof roofing
      membrane layer that complies with local construction and fire codes, (b)
      a root barrier layer, (c) an insulation layer  that  complies  with  the
      Energy  Conservation  Construction  Code  of  New  York  state and local
      construction and fire codes, (d) a drainage  layer  that  complies  with
      local  construction  and fire codes and is designed so the drains can be
      inspected and  cleaned,  (e)  a  growth  medium,  including  natural  or
      simulated soil, with a depth of at least two inches, (f) if the depth of
      the  growth  medium  is  less  than  three  inches, an independent water
      holding layer that is designed to prevent the rapid drying of the growth
      medium, such as a non-woven fabric, pad or foam mat,  unless  the  green
      roof  is  certified  not  to  need  regular  irrigation to maintain live
      plants, and (g) a vegetation layer, at least  eighty  percent  of  which
      must  be  covered  by  live  plants  such  as  sedum  or equally drought
      resistant and hardy plant species.