499-AAA - Definitions.

§  499-aaa.  Definitions. 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.