N.Y. Comp. Codes R. & Regs. tit. 6 § 645-5.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 645-5.2 - General requirements for applications

The following are general requirements for all applications for permits subject to this Subpart.

(a) General requirements for a complete application. In order to be determined complete for the purpose of commencing review, the application for a permit must meet the following criteria:

(1) The application must include a complete application on such form as the commission may prescribe, where applicable.

(2) The application must be accompanied by the appropriate fee as specified in paragraph (b) of this section. Subsequent review by the commission may require the imposition of a special review fee pursuant to paragraph (c) of this section.

(3) If a project requires more than one commission permit, the applicant must simultaneously submit all the necessary applications, or demonstrate to the commission's satisfaction that such is not necessary.

(4) When a project also requires related permits from any other agency or government, the application must include a list of such permits which the applicant knows to be required, and a statement of the status of approval and SEQR review of each at the time of filing the application with the commission.

(5) The application for a project subject to the provisions of SEQR shall not be complete until:

(i) a short or long EAF is filed with the commission, as required by SEQR;

(ii) a lead agency has been designated pursuant to SEQR;

(iii) it has been determined whether the action may or will not have a significant effect on the environment, pursuant to SEQR; and

(iv) if it has been determined that the project may have a significant effect on the environment, a DEIS has been accepted by the lead agency which meets the requirements of SEQR.

(6) If a project is subject to the provisions of the New York State Historic Preservation Act of 1980 (article 14 of the Parks, Recreation and Historic Preservation Law), the application is not complete until the process of consultation with the State Office of Parks and Recreation is complete, if required.

(7) If a project is subject to review by the Adirondack Park Agency, the New York State Department of Health, and/or the department, the application for a commission permit shall not be considered complete until the applicant has submitted to all agencies applications for all required permits or demonstrates good cause to the commission's satisfaction that such is not necessary. The commission may require the applicant to submit copies of such applications to the commission.

(b) Every person applying to the commission for a permit, permit modification, or permit renewal shall pay, at the time the permit application is submitted to the commission, a nonrefundable basic application review fee in accordance with the following schedule:

(1) permit for erection of a sign $50.00

(2) permit for a Class A Marina $100.00

(3) special permit for a new recreational use, seaplane, tour boat or parasail $100.00

(4) permit for the construction or placement of a mooring $100.00

(5) permit for the construction of a wharf as follows:

(i) modification to the size, shape or location of an existing wharf $50.00

(ii) construction of new wharf (or wharves) $200.00

(6) permit to construct a new or replacement wastewater treatment system $100.00

(7) annual inspection and certification permit for wastewater treatment system as follows:

(i) systems with a DAF <1,000 gallons $40.00

(ii) systems with a DAF >1,000 - <3,000 gallons $80.00

(iii) systems with a DAF >3,000 - <5,000 gallons $120.00

(iv) systems with a DAF >5,000 gallons $160.00

(8) Stormwater management permit as follows:

(i) minor project $100.00

(ii) major project $200.00

(9) Renewal and modification of any permit issued $50.00

(c) In addition to the fees provided in paragraph (b) of this section, the commission may charge a special review fee, not to exceed the amounts specified in section 617.17 of this Title. A special review fee may be assessed whether the commission acts as lead agency or not, or otherwise acts under SEQR, but shall not be assessed unless the commission determines that the proposed activity will require excessive staff resources or professional assistance to properly review the application. Upon such a determination, the commission may condition its review of a permit application upon the payment of an appropriate sum for such purpose.

(d) General conditions regarding fees. The following general conditions are applicable to fees for all permits included in this Subpart:

(1) Applications must be accompanied by a check, money order or voucher, made payable to the Lake George Park Commission, for the total amount of all application fees. Payment in cash will not be accepted in person.

(2) If an application is withdrawn at any time, the basic application fee shall not be returned, but any unused portion of any special application fee shall be returned.

(3) When a project involves two or more applications for which fees are required, the applicant shall pay a separate basic application fee for each such application.

(4) When an application is resubmitted in response to a notice of incompleteness, and no substantial changes in project nature and scope are involved, the resubmission shall not require any additional application fees.

(5) An applicant may modify an application at any time prior to the issuance of a permit. When an application is revised, either in response to a notice of incompleteness or at the applicant's initiative, and the revision involves substantial change in the nature and/or scope of the project, it shall be treated as a new application requiring new application fees.

(6) No fees shall be charged for applications related to activities and projects of departments and divisions of the New York State government or a municipality acting in a governmental capacity.

(e) General conditions regarding minor projects.

(1) The commission has identified certain activities as minor, as listed in section 645-5.3 of this Subpart. Minor projects usually have an insignificant environmental impact. However, it is necessary to regulate such activities due to the potential for abuse of the resources of the park, the necessity for monitoring related activities, and the possible cumulative effect of minor actions which individually are environmentally insignificant.

(2) Minor projects are not normally subject to the public notice requirements, and may be processed faster than major projects.

(3) If it is determined that a minor project may have a significant effect on the environment under SEQR or otherwise, the project shall be processed as a major project under this Subpart.

(4) When a project involves simultaneous permit applications for both major and minor activities, all are processed under the major project procedures of this Subpart.

(5) When a project involves simultaneous permit applications for multiple activities, all of which are minor, all are processed as minor projects unless it is determined that the project may have a significant effect on the environment under SEQR or otherwise.

(f) Joint proceedings. In some instances, government agencies other than the commission may have concurrent jurisdiction over a project. The commission may enter into agreement with such agencies for joint processing of the application, including provision for joint notices and hearings.

(g) Enforcement actions. If an enforcement action is initiated, pending or outstanding (including the failure of the applicant to comply with the requirements of any outstanding order of the commission) against the applicant or any agent, affiliate or predecessor of the applicant, for a violation of ECL, articles 43 and 71, title 33, or the rules or regulations promulgated thereunder, or any permits, certificates or orders issued by the commission, the commission may suspend all further processing and review of the application pending final resolution of such action. Written notice of such action shall be given to the applicant.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 645-5.2