N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-2.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 645-2.1 - Definition of terms

The following terms shall have the stated meanings when used in Parts 645 and 646 and/or documents prepared or reviewed by the commission:

(a)Applicant means the person who has applied for one or more permits from the commission.

(b)APA means the Adirondack Park Agency.

(c)Area of sign means that area determined by circumscribing the exterior limits of the mass of each display erected on one sign structure with a circle, triangle or quadrangle connecting all extreme points. The structure supporting a sign is not included in determining the area of a sign unless the structure is designed in a way to form an integral background for the display. Only one face of a double-face sign is included in computing the area of a sign.

(d)Association dock, wharf or mooring means a dock, wharf or mooring, or any portion thereof, to which a person has deeded or contractual access from a residential unit owned by the same person and located within the Lake George Park.

(e)Boat launch means a place or facility, including beaches, ramps, dock structures, derricks, railways, hoists, trailers, or other devices from which or by which vessels are put or placed into or removed from the waters of Lake George, but shall not include such facilities, devices or structures used exclusively as part of a residential or association dock by the owner or the owner's family.

(f)Class A marina means any facility located in whole or in part within the park which provides services or berthing places for vessels by engaging in any of the following:

(1) the sale of marine products or services, except for such sale as part of a dry land facility which does not quick launch vessels or regularly service vessels berthed on the waters of Lake George;

(2) the sale, lease, rental or charter of vessels of any type;

(3) the operation of a boat launch;

(4) the offering of rides, instruction or water-based recreation for a fee;

(5) the operation of a quick launch facility servicing the waters of Lake George regardless of the location where the vessels are stored; or

(6) the storage, berthing or mooring of two or more motorized vessels and/or nonmotorized vessels 18 feet in length or more not registered to the owner of the property, regardless of remuneration or profit, except:

(i) the use of residential or association docks, wharfs or moorings by the owner of the facility, the owner's family or the owner's gratuitous guest, or such use by a person as part of the single family residential rental of a residence or a residential unit which includes the use of a dock, wharf or mooring;

(ii) docks, wharfs and moorings used as an accessory use to a hotel, motel, inn, housekeeping cottage, campground or recreational vehicle park, used exclusively by registered guests;

(iii) docks, wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and

(iv) docks, wharfs and moorings used exclusively by persons engaged in the sale of fishing products or the sale and service of SCUBA products. The exceptions provided herein shall not apply to facilities which are otherwise engaged in any of the services or activities set forth in paragraphs (1)-(5) of this subdivision.

(g)Class B marina means any dock, wharf or mooring made available for use by any person as a berthing place for one motorized vessel or one nonmotorized vessel 18 feet in length or more not registered to the owner of the property, regardless of remuneration or profit, except:

(1) the use of residential or association docks, wharfs or moorings by the owner of the facility, the owner's family or the owner's gratuitous guest, or such use by a person as part of the single family residential rental of a residence or a residential unit which includes the use of a dock, wharf or mooring;

(2) docks, wharfs used as an accessory use to a hotel, motel, inn, housekeeping cottage, campground or recreational vehicle park, used exclusively by registered guests;

(3) docks, wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and

(4) docks, wharfs and moorings used exclusively by persons engaged in the sale of fishing product or the sale and service of SCUBA products.

(h)Commercial use or purpose means the use of lands or the waters of Lake George, including structures thereon, for any purpose from which a profit or any form of remuneration is or may be derived, but shall not include the lease or rental of residential property, including all appurtenances thereto, for single private family residential purposes.

(i)Commercial dock, wharf or mooring means a dock, wharf or mooring which is:

(1) used as or is an accessory use to a commercial use;

(2) a Class A marina; or

(3) a Class B marina. The use of any portion of an association or residential dock, wharf or mooring as a commercial dock, wharf or mooring shall render the entire structure or complex commercial.

(j)Commission means the Lake George Park Commission.

(k)Commission staff or staff means persons employed by the commission, but shall not include the counsel to the commission.

(l)Complete application means an application which is determined to be complete under the provisions of section 645-5.2 of this Part for the purpose of commencing commission review of the application. (The review of an application subsequent to a determination of completeness may reveal that additional supporting information is required.)

(m)CPLR refers to the Civil Practice Law and Rules.

(n)DEIS means a draft environmental impact statement prepared pursuant to the requirements of article 8 of the Environmental Conservation Law.

(o)Department means the Department of Environmental Conservation of the State of New York.

(p)Dock means a wharf or portion of a wharf extending from or along the lakefront.

(q)Double-face sign means any sign designed to be viewed from two directions and which at no point is thicker than 24 inches measured from the exterior surface of each face, with the two faces of the sign being either parallel or with angle between them being 30 degrees or less.

(r)Dwelling unit means a building or portion thereof providing complete housekeeping facilities for one family.

(s)EAF means an environmental assessment form prepared pursuant to the requirements of SEQR.

(t)ECL means the Environmental Conservation Law of the State of New York.

(u)Environmental Notice Bulletin or ENB means the publication of the department published pursuant to section 3-0306 of the Environmental Conservation Law.

(v)Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.

(w)Evidence means sworn testimony of a witness, physical objects, documents, records or photographs representative of facts which have been admitted into the record by the hearing officer.

(x)Existing dock, wharf, mooring or marina means a dock, wharf, mooring or marina registered or for which a permit has been issued pursuant to the provisions of Subpart 646-1 and its predecessor. A dock, wharf, mooring or marina which came into existence prior to the effective date of these regulations but which was not registered with the department pursuant to predecessor Part 646, shall not be considered an existing dock, wharf, mooring or marina.

(y)Family means one or more persons living together in one dwelling unit, maintaining a single housekeeping unit, subject to a limit of not more than three unrelated persons, 18 years of age or over.

(z)FEIS means the final environmental impact statement prepared pursuant to the requirements of SEQR.

(aa)Flashing sign means an illuminated sign in or on which the artificial light is not maintained at a constant intensity.

(ab)Free-standing sign means a sign which is not portable and which is supported by one or more uprights, poles or braces, or by a base of wood, stone or cement, in or upon the ground.

(ac)Gratuitous guest means a person who is staying overnight at a residence or a residential unit, without charge.

(ad)Hearing officer means the person designated by the commission as its representative for the purpose of conducting a hearing.

(ae)Hearsay means a statement, other than one made by a witness testifying at the hearing, offered in evidence to prove the truth of the matter asserted.

(af)Illuminated sign means any sign containing electrical wiring or lighted by an exterior or interior light source.

(ag)Lake means Lake George.

(ah)Lakefront means the number of feet of land along the waters of Lake George, excluding streams flowing into Lake George and wetlands, measured as a line along the mean high-water mark. For the purpose of computing the amount of lakefront, individual rocks and minor projections or indentations shall be disregarded. In any case where the measurement of the lakefront exceeds 110 percent of the chord distance between the points where the property lines intersect the mean high-water mark of the lot, parcel or property in question, a survey prepared by a licensed land surveyor shall be submitted to the commission to justify the measurement of lakefront.

(ai)Lateral projection or finger means any portion of a dock or wharf extending from a dock or wharf to expand the capacity of the structure to serve as a berthing place for additional vessels.

(aj)Major project means any action requiring a permit identified in section 645-5.3 of this Part, which is not specifically defined as a minor project.

(ak)Mean high-water mark means 320.2 feet above mean sea level.

(al)Mean low-water mark means 317.74 feet above mean sea level.

(am)Minor project means actions listed as minor in section 645-5.3 of this Part. All actions identified as Type II in Subpart 645-3 of this Title are minor. Minor projects are projects which by their nature and with respect to their location will not have a significant effect on the environment.

(an)Mobile sign is a sign attached to or suspended from a vehicle or a trailer.

(ao)Mooring means any anchor, chain, or buoy, pennant or other floating object, including rafts, by which a vessel can be secured to the lake bottom at one or more points.

(ap)Navigable waters means waters which are navigable in fact or upon which vessels are operated.

(aq)On-premises sign means any sign which advertises goods sold, manufactured or produced, services or uses rendered on the property upon which such sign is located.

(ar)Open-crib means the placement of a crib member in such a manner that there is vertical spacing between the timbers which provides for a partial exchange of water through the crib structure itself.

(as)Outfitted for overnight use means a vessel equipped with on-board sanitary facilities and sleeping accommodations, whether or not a portable marine toilet has been removed from the vessel.

(at)Parcel of property or lot means any real property shown on the latest county tax roll as a unit, or as contiguous units under common ownership. For the purposes of this Part, all contiguous parcels of real property owned by the same owner, and all parcels separated only by a public highway and owned by the same owner, shall be deemed to be one single parcel of real property.

(au)Park means the Lake George Park as defined in ECL, section 43-0103(1).

(av)Party means the commission and all persons designated as petitioner, respondent or intervenor in any administrative proceeding convened by the commission.

(aw)Permit means any permit, certificate, license or other form of commission approval.

(ax)Permitted sign means any advertising sign or advertising structure or device of any kind erected or maintained within the boundaries of the Lake George Park for which a written permit has been issued by the commission.

(ay)Person means any individual, firm, partnership, club, trust, company, association, cooperative, corporation (including a government corporation), municipality, the State or Federal government and any agency thereof.

(az)Pier means a portion or component of a dock or wharf.

(ba)Pleading means a notice of hearing, complaint, uniform administrative complaint, or answer.

(bb)Portable free-standing sign and/or "A" type sign means a sign that is designed to be movable and is not structurally attached to the ground, a building, a structure or any other sign. Such sign may be in the configuration of an "A".

(bc)Portable marine toilet means a toilet used on a vessel that may be removed from the vessel for disposal of the toilet waste.

(bd)Project means the physical activity or undertaking for which one or more permits or approvals are required from the commission.

(be)Quick launch means a facility or an activity whereby vessels are stored on land and periodically launched for use during a single boating season. The periodic storage, launching and storage of a vessel by the same person at the same location shall be presumed to be a quick launch facility; provided, however, that the storage of a vessel on residential property for use by the owners or lessees of that property shall not be a quick launch facility regardless of the number of times the vessel is launched and stored during a single boating season.

(bf)Registered guests means a person who pays a fee and is actually staying overnight in a unit in a hotel, motel, inn, housekeeping cottage, campground or recreational vehicle park licensed by the State of New York.

(bg)Relevant evidence means evidence supporting or refuting the existence of any fact that is of consequence or material to the commission's decision on a permit.

(bh)Report means the hearing officer's summary of the hearing record, including any findings of fact, conclusions and recommendations.

(bi)Renewal means the renewal, reissuance, recertification or extension of any permit.

(bj)Residence means any noncommercial structure designed for occupancy by one family.

(bk)Residential dock, wharf or mooring means a dock, wharf or mooring, other than an association or commercial dock, wharf or mooring or a Class A or Class B marina, which is used as an accessory use to a residence or a residential unit.

(bl)Residential unit means a unit for occupancy by one family in a multiple family complex containing two or more dwelling units, but shall not include a unit in a hotel, motel, inn, housekeeping cottage, campground, recreational vehicle park or similar commercial use designed for transient occupancy.

(bm)Resources of the park means the natural, scenic, aesthetic, cultural, historical and recreational resources of the park.

(bn)Respondent means the party charged in an administrative enforcement proceeding with one or more violations of ECL, articles 43 and 71, title 33, or the rules and regulations promulgated thereunder, or any permit, certificate or order issued by the commission.

(bo)Right-of-way means the parcel of land open to the public or to identified persons for vehicular or pedestrian traffic.

(bp)SEQR means the State Environmental Quality Review Act, which is article 8 of the ECL and Part 617 of this Title.

(bq)Setback means the distance from a point to another point in which no part of a structure shall extend.

(br)Setback from the lakeshore means the distance from the mean high-water mark as the same follows the shoreline.

(bs)Sign means and shall include every sign, billboard, mobile sign, free-standing sign, portable free-standing sign, wall sign, window sign, illuminated sign, vending machine sign, and temporary sign, located out-of-doors, and shall include any announcement, declaration, demonstration, device, display illustration, or insignia used to advertise or promote the interest of any businesses or commercial enterprises when the same is placed so that it is clearly visible to the general public.

(bt)Sign structure means the standards, supports, uprights, braces and framework of the sign.

(bu)Stipulation means an agreement between two or more parties to a hearing, entered into the hearing record, concerning one or more issues of fact or law which are the subject of the hearing.

(bv)Structure means anything constructed, erected or placed on, under or above the waters of the park, or any object constructed, installed or placed on land to facilitate land use and development or the subdivision of land, such as buildings, sheds, single family dwellings, mobile homes, signs, tanks, fences, poles, docks, wharfs, piers, moorings, and any fixtures, appurtenances, additions and/or alterations thereto.

(bw)Subpoena means a legal document that requires a person to appear at a hearing and testify and/or bring documents or physical objects.

(bx)Uniform administrative complaint or UAC means a simplified complaint on such forms as the commission may prescribe, which must contain sufficient allegations to plead a cause of action.

(by)Vending machine sign means an advertising sign on a machine or device designed to dispense a product or a service, when it is located out-of-doors and contains advertising material which is clearly visible to the public.

(bz)Verified means signed and acknowledged in the presence of a notary public. Persons who file verified documents which contain false information shall be held responsible to the full extent permissible under the Penal Law.

(ca)Vessel means a boat and/or every description of water craft, with or without a motor, including seaplanes, used or capable of being used as a means of transportation on water or for the purpose of recreating in or on water.

(cb)Walkway means that portion of a dock or wharf placed over the shoreline to a dock or wharf and intended to be used as access to a dock or wharf.

(cc)Wall sign means any sign attached to, painted upon, or erected against or on a wall, roof or marquee of a building or structure, and not extending more than six inches beyond the eaves, the building face, the marquee, or the highest point on the roof.

(cd)Waters of Lake George means Lake George and its navigable tributaries.

(ce)Wetland means an area designated or mapped as a freshwater wetland by the APA.

(cf)Wharf means any structure or device built or used as a berthing place for vessels, including any dock, pier, pile, lateral projection, walkway, quick launch facility, or structure or area used for the dry storage of vessels as part of a quick launch facility.

(cg)Window sign means a sign maintained in or painted upon a window which is clearly visible to the general public from the out-of-doors.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-2.1