§ 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.

§ 17-03 Applications and Application Fees.

   (a)   Applications may be obtained from the DEP website, from any authorized DEP employee or on request by calling DEP at [phone]. Prior to submission of the application, applicants must discuss their Permit request at the telephone number above with a staff member of the Land Use Permit Office or any other authorized DEP employee. Applications may then be hand-delivered to an authorized DEP employee or submitted by United States Postal Service (USPS) mail to: NYC Department of Environmental Protection Land Use Permit Office 465 Columbus Avenue Valhalla, NY 10595

   Notification of the availability of internet application submission will be posted on the DEP website.

   (b)   All applications for Permits must be accompanied by a non-refundable application fee of twenty-five dollars ($25.00) payable to the order of "The City of New York" by money order or check unless such fee is waived pursuant to 15 RCNY § 17-07(c). Notification of the availability of payment by credit card will be posted on the DEP website.

   (c)   Applications must contain all materials related to the Permit request, including but not limited to detailed plans, sketches, maps and surveys that show the areas of the proposed uses and adjacent City property boundaries. If DEP deems necessary, the applicant will be required to provide additional plans, engineering drawings or other documents.

   (d)   Permit fees are set forth in 15 RCNY § 17-07.

§ 17-04 Term and Renewal.

   (a)   The issuance and renewal terms of the permits shall not exceed five (5) years. Permits may be renewed for additional five (5) year terms upon DEP's approval of an updated application for renewal, and any additional plans, engineering drawings or documents required by DEP. DEP will send Permit renewal applications to permittees.

   (b)   If a Permit is not renewed, use of City property must cease at the conclusion of the term of the Permit. The property must be restored to DEP's satisfaction within thirty (30) days of the date of the expiration of the Permit. DEP will determine, based on the nature and location of the area requiring restoration, whether DEP or the former permittee will perform such restoration. The former permittee is responsible for all restoration costs regardless whether the permittee or DEP performs such restoration. If DEP allows the permittee to undertake the restoration, the former permittee must secure a permit prior to beginning the restoration work. Failure to complete such restoration to the satisfaction of DEP may result in the exercise of any legal remedies available to DEP.

§ 17-05 Conditions.

All Permits will include standard conditions and may also include special conditions specific to the use of the City property, as deemed necessary. The permittee must sign an acknowledgment before a Notary Public accepting all conditions including Permit fees set forth by DEP as a requirement of Permit issuance.