Chapter 17: [Occupation or Use of New York City Property (Lands, Water Bodies, Reservoirs and Infrastructure) in the Counties of Delaware, Dutchess, Greene, Orange, Putnam, Schoharie, Sullivan, Ulster, and Westchester]

§ 17-01 Scope and Purpose.

The following rules apply to any permitted occupation or use of New York City property (lands, water bodies, reservoirs and infrastructure) in the counties of Delaware, Dutchess, Greene, Orange, Putnam, Schoharie, Sullivan, Ulster, and Westchester. These rules are for the benefit of municipalities, utilities, government agencies, organizations exempt from federal taxation pursuant to 26 U.S.C. § 501(c)(3), individuals and commercial enterprises who may want to access or to occupy City owned property. The New York City Department of Environmental Protection is the City agency designated as the issuing authority for Revocable Land Use Permits ("Permits").

§ 17-02 Definitions.

   (a)   Commercial Use. "Commercial Use" means a use which is undertaken primarily for the purpose of making a profit. Commercial Use does not include use by any utility company.

   (b)   Commissioner. "Commissioner" means the Commissioner of the New York City Department of Environmental Protection or a Deputy Commissioner authorized to act for such Department pursuant to law.

   (c)   Low-Impact Uses. "Low-impact uses" mean those uses with little or no soil, vegetation, stream, or wetland disturbances and no siting of impervious surfaces or structures. The term "low-impact uses" does not include any alterations that would increase the rate or volume of stormwater runoff.

   (d)   Property Value. "Property Value" means the assessed value (land only) of property adjacent to or similar to the City property subject to a Permit, in proportion to the acreage of City property subject to a Permit, adjusted by the New York State equalization rate.

   (e)   Public Corporation. "Public Corporation" means a municipal corporation, a district corporation or a public benefit corporation, as defined in Section 66 of the General Construction Law.

   (f)   Reimbursement of Taxes. "Reimbursement of taxes" means the reimbursement of actual real property taxes and assessments paid by the City of New York, and includes the total assessed value, if any, paid by the City of New York for the acreage of City property that is subject to a Permit.

   (g)   Rural Electric Cooperative. "Rural Electric Cooperative" means any corporation organized under the New York State Rural Electric Cooperative Law.