N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-1.3

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

Section 646-1.3 - Class b marinas

In addition to the requirements of other sections of this Subpart, Class B marinas located on the waters of Lake George shall comply with the following:

(a) General requirements. The owner of any dock, wharf or mooring used as a Class B marina shall register the same with the commission on such forms as the commission may prescribe.

(b) Specific requirements. No Class B marina shall be operated without providing the following:

(1) a restroom, including a toilet, for use by customers, which shall be available at all times from May 1st to October 31st of each year;

(2) one on-site parking space or suitable off-site parking for each vessel berthed;

(3) adequate garbage and debris disposal facilities, which must be properly maintained; and

(4) adequate facilities, or proven access to such facilities, for the disposal of sanitary waste from vessels and waste from portable marine toilets in accordance with the requirements of section 646-1.2(b)(7) of this Subpart, or vessels with such facilities shall be prohibited at the facility. Written proof of access to disposal facilities for the period of annual registration shall be required. Off-site facilities must be located within a reasonable distance from the site of the Class B marina.

(c) The failure to register a Class B marina or the failure to provide the services required by subdivision (b) of this section shall be a violation of this Subpart.

(d) Upon receipt of a complaint regarding a Class B marina from any nearby property owner or at the request of any municipality wherein such use is located, the commission shall, or upon its own initiative may, undertake a review of the availability and adequacy of the services required to be provided by the owner pursuant to this section.

(e) Following investigation by the commission, the commission shall render a report concerning the findings of its investigation to the complainant and the owner of the facility. Such a report shall include a finding whether the facility is in compliance with the requirements of this section. If the commission determines that the facility is not in compliance with the requirements of this section, or that the facility unreasonably impacts the resources of the park, navigation, or the character of the neighborhood, the commission may include within its report an order requiring the owner to bring the facility into compliance within a stated time period, or to cease such commercial use, or imposing upon the owner reasonable restrictions to abate any condition which the commission finds objectionable under this section.

(f) Upon receipt of such an order, the owner may either comply with the same, or request a hearing in accordance with the procedure specified in section 645- 5.10(c) of this Title, which shall be held and determined in accordance with subdivisions (d) and (e) of such section.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-1.3