reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.20 - Special procedures for printing purchases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The printing and distribution of reports
				  and other publications by agencies, departments, and authorities of the State,
				  other than reports and publications which relate to the marketing or
				  advertising of a service or product of an agency, department or authority, such
				  exception to be documented in the agency's or department's annual report to the
				  State Comptroller or in such authority's internal documents, shall provide for
				  cost savings in accordance with the following guidelines and procedures, which
				  shall be implemented in a manner that is consistent with the provisions of
				  subdivisions five and six of section 355  of the Education Law:
(1) Reports and publications shall be as
				  brief as may be practicable.
(2)
				  Reports and publications shall use only uncoated, recyclable paper for cover
				  and text and be of a standard size, such as 81/2 inch by 11 inch, to minimize
				  paper waste. Bleeds shall not be used.
(3) Reports and publications shall make
				  limited use of photographs.
(4)
				  Reports and publications shall not be printed in more than two colors, unless
				  otherwise specifically permitted by law. Under extraordinary conditions, and
				  with the proper justification, the Commissioner of General Services may approve
				  the use of up to two additional colors.
(5) Covers are permitted and necessary for
				  perfect bound reports and publications. Covers for other types of bound
				  documents, such as saddlestitched, sidestitched, spiral bound or plastic bound,
				  are permitted only when such covers are necessary and appropriate for the
				  protection of the document. Use of sidestitched, spiral bound or plastic bound
				  documents should be minimized due to the additional expense in the binding of
				  these type documents.
(6) Reports
				  and publications shall be printed utilizing both sides of a sheet of
				  paper.
(7) Discs or camera-ready
				  copy shall be provided to printers whenever possible.
(8) Proper planning, allowing for proof and
				  production time, shall be utilized to minimize overtime and premium rates in
				  printing operations.
(9)
				  Distribution lists for reports and publications shall be reviewed at least
				  annually to eliminate duplicate, excessive, unwanted and obsolete
				  mailings.
(10) Reports and
				  publications shall be mailed in combination, to the extent practicable and when
				  possible, with mailing of other reports and publications.
(11) Reports and publications shall be
				  eliminated or combined, to the extent practicable and when possible, with other
				  reports and publications.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 252 - Service-Disabled Veteran-Owned-Business Enterprise Program › Section 252.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Administering agency
shall mean the Office of General Services
				  Division of Service-Disabled Veterans' Business Development (DSDVBD).
(b)
Applicant
shall mean a
				  business enterprise which has applied for certification as a bona fide
				  service-disabled veteran-owned business enterprise.
(c)
Business enterprise
shall mean any entity, including a sole proprietor- ship, partnership, limited
				  liability partnership, limited liability company or corporation, which is
				  authorized to and engages in lawful business transactions in accordance with
				  New York law.
(d)
Certified
				  enterprise
or
certified business
shall mean a
				  business enterprise which has been approved by the division of service-disabled
				  veteran business development of service-disabled veteran-owned business
				  enterprise status subsequent to verification that the business enterprise is
				  owned, operated, and controlled by service-disabled veterans, and is a small
				  business pursuant to subdivision (v) of this section.
(e)
Certified service-disabled
				  veteran-owned business enterprise
shall mean a business enterprise,
				  including a sole proprietorship, partnership, limited liability company or
				  corporation that is:
(1) at least 51 percent
				  owned by one or more service-disabled veterans;
(2) an enterprise in which such
				  service-disabled veteran ownership is real, substantial, and
				  continuing;
(3) an enterprise in
				  which such service-disabled veteran ownership has and exercises the authority
				  to control independently the day-to-day business decisions of the
				  enterprise;
(4) an enterprise
				  authorized to do business in this State and is independently-owned and
				  operated;
(5) an enterprise that is
				  a small business as defined herein; and
(6) certified by the Office of General
				  Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 252 - Service-Disabled Veteran-Owned-Business Enterprise Program › Section 252.3 - Statewide Certification Program - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this section is to provide criteria and
					 procedures by which the director makes determinations to approve, deny or
					 revoke the service-disabled veteran-owned business enterprise status of
					 applicants and certified business enterprises. This section is applicable to
					 the certification of businesses as service-disabled veteran-owned businesses
					 under article 3 of the Veterans' Services Law.
(a)
Eligibility criteria
.
				  The following standards shall be used to determine whether a business
				  enterprise is eligible to be certified as a service-disabled veteran-owned
				  business enterprise.
(1) Ownership. For the
				  purposes of determining whether an applicant should be granted or denied
				  service-disabled veteran-owned business enterprise status, or whether such
				  status should be revoked, the following rules regarding ownership shall be
				  applied on the basis of information supplied in relation to the application:
(i) the contribution of the service-disabled
				  veteran-owner must be proportionate to their equity interest in the business
				  enterprise, as demonstrated by, but not limited to, contributions of money,
				  property, equipment or expertise;
(ii) the business enterprise must demonstrate
				  that it is an independent, real, substantial and continuing entity which has
				  been actively seeking contracts or orders and regularly and actively performing
				  business activities;
(iii) a sole
				  proprietorship must be owned by a service-disabled veteran member;
(iv) a partnership or a limited liability
				  company must demonstrate that service-disabled veteran member(s) have a 51
				  percent or greater share of the partnership or limited liability company;
				  and
(v) a corporation must have
				  issued at least 51 percent of its authorized voting and all other stock to
				  service-disabled veteran members or shareholders.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-1 - General Provisions › Section 270-1.1 - Purpose and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these regulations is to implement article
						6 of the Public Lands Law to establish a set of regulations in accordance with
						the statutory amendments. In furtherance thereof, it is hereby declared to be
						the purpose and intent to manage the State's interest in its underwater lands,
						to regulate the projects and structures constructed in or over such underwater
						lands consistent with the public interest in navigation, commerce, public
						access, fishing, bathing, recreation, environmental and aesthetic protection,
						and to ensure the waterfront owners reasonable exercise of riparian rights and
						access to those underwater lands.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-1 - General Provisions › Section 270-1.2 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of Part 270 or 271 of this Title, or its
						application to any person or circumstance, is held invalid, it is hereby
						expressly declared to be the intent of the commissioner that the remainder of
						Part 270 and/or Part 271 of this Title and the application thereof to any
						person or circumstances shall not be affected thereby.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-3 - General Prohibition; Application Factors › Section 270-3.1 - General prohibition of construction

Current through Register Vol. 46, No. 28, July 10, 2024
No wharf, dock, pier, jetty, platform, breakwater,
						mooring or other structure shall be constructed, erected, anchored, suspended
						or expanded or substantially replaced, altered, modified, enlarged or expanded
						in, on or above State-owned land underwater, nor shall any fill be placed on
						such land underwater unless a lease, easement, permit or other interest is
						obtained from the Commissioner of General Services in accordance with section 75 (b)  of the Public Lands Law and this Part; excepting therefrom easements for
						cables, conduits, pipelines and hydroelectric power which shall be subject to
						the provisions of section 3 (2)  of the Public Lands Law and Part 271 of this
						Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-3 - General Prohibition; Application Factors › Section 270-3.2 - Application factors: agency review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to making any grant in fee, lease,
					 easement, permit or lesser interest in lands underwater, the Commissioner of
					 General Services shall ascertain the probable effect of the use, structure or
					 facility on the public interest in State-owned lands underwater and in
					 consultation with the Department of Environmental Conservation (DEC),
					 Department of State (DOS) and Office of Parks, Recreation and Historic
					 Preservation (OPR&HP) or such other agencies or authorities as required by
					 law, shall examine the following factors:
(1)
					 environmental impact of the project;
(2) values for natural resource management,
					 public recreation and commerce;
(3)
					 size, character and effects of the project in relation to neighboring
					 uses;
(4) potential for
					 interference with navigation, public uses of waterway and riparian/littoral
					 rights;
(5) water dependent nature
					 of use;
(6) adverse economic impact
					 on existing commercial enterprises;
(7) effect of the project on the natural
					 resource interests of the State in the lands; and
(8) consistency with the public interest for
					 purposes of fishing, bathing and access to navigable waters and the need of the
					 owners of private property to safeguard their property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-3 - General Prohibition; Application Factors › Section 270-3.3 - Optional preapplication conference

Current through Register Vol. 46, No. 28, July 10, 2024
Any applicant may request a preapplication conference
						with appropriate agency staff as a means of clarifying application procedures.
						Such a request should be made at the earliest possible stage of the applicant's
						project planning. At the conference, the proposed or existing project will be
						informally discussed, permits required will be identified and the applicant
						will be provided with guidance in the mechanics of the application and review
						process based upon information provided by the applicant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.1 - Grants of land underwater; limitation; outline

Current through Register Vol. 46, No. 28, July 10, 2024
Grants of land underwater in fee simple, including
						conversion grants pursuant to section 75 (11)  of the Public Lands Law, shall be
						limited to exceptional circumstances and only to those conveyances which will
						not impair the public interest in the lands and waters remaining, based upon
						factors set forth in section
						270-3.2 of this Part. Applicants
						shall be required to apply to the Office of General Services pursuant to the
						provisions of article 6 of the Public Lands Law and the following regulations,
						which are generally outlined as follows:
(a) Notice of intention. Preliminary notice
					 advising the commissioner of the lands sought to be conveyed.
(b) Preparation of maps. If lands can be
					 conveyed, appropriate map and description are prepared according to regulatory
					 specifications - payment of $500 fee; submission of deeds, abstract of title,
					 for review.
(c) Notice of
					 application. Upon approval of map and description, applicant proceeds with
					 publication, posting of notice of application and service of notice on
					 adjoining owners and municipality, as required.
(d) Submission of application. Applicant
					 submits necessary affidavits and papers together with final application for
					 formal approval and preparation of the instrument of conveyance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.2 - Notice of intention

Current through Register Vol. 46, No. 28, July 10, 2024
Any person, firm or corporation intending to apply for a
						grant of State-owned land underwater pursuant to section 75  of the Public Lands
						Law shall give written notice of such intention (forms available) to the
						Commissioner of General Services, Albany, NY, setting forth in said notice the
						complete name and address of the applicant, and if a corporation, the state of
						incorporation and, if an out-of-state corporation, whether licensed to do
						business in the State of New York. Said notice shall state the purpose for
						which the application is made and shall be accompanied by certified copies of
						the applicant's deeds to the lands adjacent to such lands underwater, together
						with certified copies of the deeds to the lands of others adjoining such lands
						of the applicants along the waterfront. Notices pursuant to the provisions of
						subdivision 11 of section 75 of said law (Conversion Grants), shall, in
						addition, set forth the name of the original grantee, the date of the Letters
						Patent and the purpose for which the grant was made. All notices shall state
						fully and in detail the contemplated use and the estimated cost of same, and
						shall limit the land to be surveyed and applied for to such area as is
						necessary for said use. The applicant shall also send a copy of the notice form
						to DEC, DOS and OPR&HP.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.3 - Preparation of maps

Current through Register Vol. 46, No. 28, July 10, 2024
The application must include a map which shall be
						prepared by a New York State licensed land surveyor to show the land underwater
						applied for and the adjacent land owned by the applicant. The survey shall be
						referenced to the New York Plane Coordinate System. Said map shall be 24 by 36
						inches in size. The working space on the tracing shall be 22 by 34 inches,
						except that sufficient space shall be reserved in the lower corner for the
						title, scale and date of preparation, and in the upper corner for a location
						map. The scale of said maps will be as set forth in this section:
(a) The scale of the map shall be 50 feet to
					 an inch or such other scale as may be approved by the Office of General
					 Services. It must show the owner's property boundaries on each side, together
					 with the owners' names, deed references, tax map identification number and all
					 docks, bulkheads or other improvements within the limits of the lands of such
					 owners. In addition, it must show the mean low-water or mean high-water line or
					 if directed to do so, the original mean high or original mean low-water line,
					 (whichever is applicable); the boundaries of all previous grants within the
					 limits of such map, and the bearings and distances of the boundaries of the
					 lands applied for and the depth of the soundings of the lands applied for. The
					 description of the lands applied for shall be placed on the map and, whenever
					 possible, it will be in the upper right corner.
(b) The scale of the location map shall be
					 2,000 feet to an inch or such other scale as may be approved by the Office of
					 General Services. It shall show the general course of the shoreline for a
					 distance of one mile in each direction from the land applied for, as well as
					 the particular course in the area of the land applied for. If the body of water
					 be a river, or a body of water less than two miles wide, the width of such
					 water or river shall be shown, together with an outline of each shore extending
					 one mile above and below the land applied for.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.4 - Fee: review of maps

Current through Register Vol. 46, No. 28, July 10, 2024
A certified check in the amount of $500 made payable to
						the New York State Commissioner of General Services shall accompany any notices
						of intention referred to in section
						270-4.2 of this Subpart. Such check
						will be used to defray the cost of reviewing the survey map(s), title and
						description(s). A refund may be made in the event the application is
						withdrawn.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.5 - Notice of application

Current through Register Vol. 46, No. 28, July 10, 2024
Any person, firm or corporation intending to apply for a
						grant of State-owned land underwater pursuant to section 75  of the Public Lands
						Law shall file with the Commissioner of General Services a notice of
						application. Such notice of application shall state the date on which an
						application will be made to such commissioner. It shall contain a description
						of the land underwater applied for as set forth on the official map(s) and
						directions that all objections to such grant shall be filed with the Division
						of Land Utilization on or before the date such application will be made and in
						all applications, except those made pursuant to the provisions of subdivision
						11 of section 75  of the Public Lands Law, the names of adjacent landowners and
						the boundaries of said land, together with an explanation of how the applicant
						intends to use the lands applied for and specifying the exceptional
						circumstances necessitating a grant in fee. Service of the notice shall be in
						the manner hereinafter provided.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.7 - Order of submission

Current through Register Vol. 46, No. 28, July 10, 2024
All affidavits shall be fastened together in the order
						listed above, preceded by a copy of the appropriate notice of
						application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.8 - Objections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All objections
					 to the grant applied for shall be filed with the Division of Land Utilization
					 in duplicate and a copy mailed to the applicant or his attorney by the objector
					 prior to the date when such application is to be made, which date is shown on
					 the notice of application served in accordance with section
					 270-4.6 of this Subpart.
(b) Where the commissioner determines that
					 additional public notice and comment will assist in the review of the proposed
					 project and application, the applicant may be required to publish additional
					 public notice in newspaper of general circulation in the county in which the
					 proposed project is to be located. The notice shall describe, in sufficient
					 detail, the project and location thereof and direct that all public comment be
					 filed with the Division of Land Utilization prior to the close of the public
					 comment period, which shall not be later than 40 days after the last
					 publication under this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.9 - Hearing regarding objections

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of General Services will determine if a
						hearing on the objection(s) is to be held. If a hearing is scheduled, the
						Division of Land Utilization will advise the applicant, the objector and DEC,
						DOS and OPR&HP as to when and where such a hearing shall be held. If an
						objector does not appear at such hearing, the objection may be deemed
						withdrawn.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.10 - Covenants to be contained in grants of land under the waters of the niagara river

Current through Register Vol. 46, No. 28, July 10, 2024
All grants thereof of land under the waters of the
						Niagara River hereinafter made by the State shall contain the following
						provisions:
"The Patentee hereby covenants with The People of the
						State of New York, their successors and assigns, that the Patentee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						forever release the State and Power Authority of the State of New York, their
						respective successors and assigns, of and from any and all claims for damages
						or loss occurring to the lands hereby conveyed arising out of, or by reason of,
						or occasioned at any time or times by, the control or regulation of the waters
						of the Niagara River by the State or Power Authority of the State of New York
						in the interests of commerce including navigation, the development of
						hydroelectric power or the preservation and enhancement of the scenic beauty of
						the Niagara River, and Patentee further covenants that Patentee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						not make claim against or sue the State or Power Authority of the State of New
						York, their successors in interest or assigns, or any of them, for or on
						account of any cause of action, claim or demand of any kind whatsoever by
						reason of any such damages or loss.
The covenants herein contained shall run with the land
						herein granted.
The foregoing covenants shall in no event be construed to
						be an admission on the part of the State or Power Authority of the State of New
						York that they are legally responsible for any damage or loss to any adjoining
						land by reason of or arising from the control or regulation of the waters of
						the Niagara River."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.11 - Covenants to be contained in grants of land under the waters of the st. lawrence river

Current through Register Vol. 46, No. 28, July 10, 2024
All grants thereof of land under the waters of the St.
						Lawrence River hereafter made by the State shall contain the following
						provisions:
"The Patentee hereby covenants with The People of the
						State of New York, their successors and assigns, that the Patentee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						forever release the State and Power Authority of the State of New York, their
						respective successors and assigns, of and from any and all claims for damages
						or loss occurring to the lands hereby conveyed arising out of, or by reason of,
						or occasioned at any time or times by, the control or regulation of the waters
						of the St. Lawrence River by the State or Power Authority of the State of New
						York in the interests of commerce including navigation, the development of
						hydroelectric power or the preservation and enhancement of the scenic beauty of
						the river or in the interest of public recreation and/or fish and wildlife
						resources and Patentee further covenants that Patentee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						not make claim against or sue the State or Power Authority of the State of New
						York, their successors in interest or assigns, or any of them for or on account
						of any cause of action, claim or demand of any kind whatsoever by reason of any
						such damages or loss.
The covenants herein contained shall run with the land
						herein granted.
The foregoing covenants shall in no event be construed to
						be an admission on the part of the State or Power Authority of the State of New
						York that they are legally responsible for any damage or loss to any adjoining
						land by reason of or arising from the control or regulation of the waters of
						the St. Lawrence River."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-5 - Application For A Grant Of Easement, Lease, Permit, Lesser Interest In Lands Underwater (docks, Structures, Etc.) › Section 270-5.1 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a grant of an easement, lease, permit
						or lesser interest pursuant to subdivision 7 of section 75  of the Public Lands
						Law shall be made to the Commissioner of General Services and shall state the
						full name and address of the applicant (if a corporation, the state in which
						incorporated and the address of its principal office and place of business). It
						shall also describe the existing or proposed use, structures or facility
						located or to be located upon the land applied for and directions that all
						objections to such easement, lease, permit or lesser interest shall be filed
						with the Division of Land Utilization on or before the date such application
						will be made. Review of applications shall be in accordance with the factors
						set forth in section 270- 3.2 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-5 - Application For A Grant Of Easement, Lease, Permit, Lesser Interest In Lands Underwater (docks, Structures, Etc.) › Section 270-5.2 - Documents to be submitted

Current through Register Vol. 46, No. 28, July 10, 2024
The following documents shall be submitted with the
						notice of application for lease, easement, permit or lesser interest:
(a) certified copy of deed(s) of applicant's
					 adjacent upland. (In applications for easement, permit or lesser interest,
					 applicant shall submit a certified copy of deed[s] of applicant's adjacent
					 upland or the consent of the owner of such adjacent upland together with a
					 certified copy of deed(s) of such owner);
(b) a duplicate copy of any permit issued by
					 the U.S. Department of the Army, Corps of Engineers or any pending
					 application;
(c) a completed
					 environmental assessment form together with marine project information, if
					 necessary, or other pertinent SEQRA documentation;
(d) a plan or sketch showing the
					 project;
(e) a reproducible map
					 made by a licensed land surveyor showing the location of the structure(s), the
					 upland property of the applicant and those of adjoining properties along the
					 waterfront; the survey shall be referenced to the New York State Plane
					 Coordinate System;
(f) a metes and
					 bounds description of the lands applied for;
(g) for the purposes of the application, the
					 commissioner may waive or modify the requirement that a survey be prepared in
					 those instances where the location of the structures and the lands applied for
					 can be satisfactorily determined from existing map(s) or survey(s);
					 and
(h) the commissioner may
					 require additional submissions, including but not limited to copies of tax
					 maps, photographs and diagrams when such information is necessary for review of
					 the application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-5 - Application For A Grant Of Easement, Lease, Permit, Lesser Interest In Lands Underwater (docks, Structures, Etc.) › Section 270-5.3 - Service of notice of application

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant shall serve a notice of application to
						apply for such grant upon the city, town or village in which the land is
						situated and upon the owner of properties adjoining along the shorefront. Such
						notice of application shall state the date on which the application will be
						made to the Commissioner of General Services and shall contain a description of
						the land underwater applied for, the use of the land underwater applied for,
						and directions that all objections to such application shall be filed with the
						Division of Land Utilization on or before the date such application will be
						made. All such notices shall be served 20 days before the date such application
						will be made. Affidavits of service of such notice shall be attached to the
						notice of application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-5 - Application For A Grant Of Easement, Lease, Permit, Lesser Interest In Lands Underwater (docks, Structures, Etc.) › Section 270-5.4 - Objections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All objections
					 to the grant applied for shall be filed with the Division of Land Utilization
					 in duplicate and a copy mailed to the applicant or his attorney by the objector
					 prior to the date when such application is to be made, which date is shown on
					 the notice of application served in accordance with section
					 270-5.3 of this Subpart.
(b) Where the commissioner determines that
					 additional public notice and comment will assist in the review of the proposed
					 project and application, the applicant may be required to publish additional
					 public notice in newspaper of general circulation in the county in which the
					 proposed project is to be located. The notice shall describe, in sufficient
					 detail, the project and location thereof and direct that all public comment be
					 filed with the Division of Land Utilization prior to the close of the public
					 comment period, which shall not be later than 40 days after the last
					 publication under this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-5 - Application For A Grant Of Easement, Lease, Permit, Lesser Interest In Lands Underwater (docks, Structures, Etc.) › Section 270-5.5 - Hearing regarding objections

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of General Services will determine if a
						hearing on the objection(s) is to be held. If a hearing is scheduled, the
						Division of Land Utilization will advise the applicant, the objector and DEC,
						DOS and OPR&HP as to when and where such a hearing shall be held. If an
						objector does not appear at such hearing, the objection may be deemed
						withdrawn.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-5 - Application For A Grant Of Easement, Lease, Permit, Lesser Interest In Lands Underwater (docks, Structures, Etc.) › Section 270-5.6 - Covenants to be contained in grants of easements and leases in land under the waters of the niagara river

Current through Register Vol. 46, No. 28, July 10, 2024
All grants of easements and leases in land under the
						waters of the Niagara River hereafter made by the State shall contain the
						following provisions:
"The Grantee hereby covenants with The People of the
						State of New York, their successors and assigns, that the Grantee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						forever release the State and Power Authority of the State of New York, their
						respective successors and assigns, of and from any and all claims for damages
						or loss occurring to the easement rights hereby conveyed arising out of, or by
						reason of, or occasioned at any time or times by, the control or regulation of
						the waters of the Niagara River by the State or Power Authority of the State of
						New York in the interests of commerce including navigation, the development of
						hydroelectric power or the preservation and enhancement of the scenic beauty of
						the Niagara River, and Grantee further covenants that Grantee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						not make claim against or sue the State or Power Authority of the State of New
						York, their successors in interest or assigns, or any of them, for or on
						account of any cause of action, claim or demand of any kind whatsoever by
						reason of any such damages or loss.
The foregoing covenants shall in no event be construed to
						be an admission on the part of the State or Power Authority of the State of New
						York that they are legally responsible for any damage or loss to any adjoining
						land by reason of or arising from the control or regulation of the waters of
						the Niagara River."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-5 - Application For A Grant Of Easement, Lease, Permit, Lesser Interest In Lands Underwater (docks, Structures, Etc.) › Section 270-5.7 - Covenants to be contained in grants of easements and leases in land under the waters of the st. lawrence river

Current through Register Vol. 46, No. 28, July 10, 2024
All grants of easements and leases in land under the
						waters of the St. Lawrence River hereafter made by the State shall contain the
						following provisions:
"The Grantee hereby covenants with The People of the
						State of New York, their successors and assigns, that the Grantee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						forever release the State and Power Authority of the State of New York, their
						respective successors and assigns, of and from any and all claims for damages
						or loss occurring to the easement rights hereby conveyed arising out of, or by
						reason of, or occasioned at any time or times by, the control or regulation of
						the waters of the St. Lawrence River by the State or Power Authority of the
						State of New York in the interests of commerce including navigation, the
						development of hydroelectric power or the preservation and enhancement of the
						scenic beauty of the river or in the interest of public recreation and of fish
						and wildlife resources and Grantee further covenants that Grantee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						not make claim against or sue the State or Power Authority of the State of New
						York, their successors in interest or assigns, or any of them for on account of
						any cause or action, claim or demand of any kind whatsoever by reason of any
						such damage or loss.
The foregoing covenants shall in no event be construed to
						be an admission on the part of the State or Power Authority of the State of New
						York that they are legally responsible for any damage or loss to any adjoining
						land by reason of or arising from the control or regulation of the waters of
						the St. Lawrence River."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-5 - Application For A Grant Of Easement, Lease, Permit, Lesser Interest In Lands Underwater (docks, Structures, Etc.) › Section 270-5.8 - Bond, when required

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may require, as a condition to a lease,
						easement, permit or lesser interest and prior to commencement of work, that the
						lessee, grantee or permittee post a bond of specified amount with the
						commissioner. The bonds shall be required in an amount to ensure faithful
						compliance with the terms and conditions of the lease, easement, permit or
						lesser interest, and is used for the indemnification of the State for any costs
						which might result from failure to so comply. Such bond may also be utilized by
						the commissioner to implement performance of conditions upon the failure of a
						lessee, grantee or permittee to properly implement any such conditions. The
						bond shall remain in effect until the work is completed to the satisfaction of
						the commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-6 - Fees, Appraisal, Limitations › Section 270-6.2 - Nonexempt residential use

Current through Register Vol. 46, No. 28, July 10, 2024
The annual fee to be charged for nonexempt residential
						use of structures shall be the lesser of $20 per slip or
						$100.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-6 - Fees, Appraisal, Limitations › Section 270-6.3 - Special uses

Current through Register Vol. 46, No. 28, July 10, 2024
Condominiums and cooperative forms of real property
						ownership, residential multi-lot subdivision and keyhole developments and their
						accompanying use of structures on State-owned lands underwater including those
						described in article 6 of the Public Lands Law shall be appraised based upon
						market analysis of comparable structures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-6 - Fees, Appraisal, Limitations › Section 270-6.4 - Fee mitigation

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of General Services, in determining the
						fee to be charged, may negotiate a more flexible payment schedule and otherwise
						mitigate fees based upon factors such as public access, surrender of prior
						State grants pursuant to section 76  of the Public Lands Law, preservation of
						open space or other actual public benefits as determined by the commissioner
						with the approval of the State Comptroller.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-6 - Fees, Appraisal, Limitations › Section 270-6.5 - Municipal, not-for-profit, religious corporations

Current through Register Vol. 46, No. 28, July 10, 2024
Fees to be paid for placement of nonexempt structures set
						forth in Public Lands Law section 75(7)(b) by the following corporations shall
						be limited to an administrative fee upon satisfactory evidence of the
						following.
(a) Municipal corporation.
					 Use of dock or structures for public, noncommercial uses offering services to
					 the public either free or for nominal fees.
(b) Not-for-profit corporation. Corporate
					 status as a "Type B" corporation pursuant to subdivision (b) of section 201  of
					 the Not-For-Profit Corporation Law.
(c) Religious corporation. Corporate status
					 as a religious corporation pursuant to the Religious Corporation Law or by
					 special act of the Legislature.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-6 - Fees, Appraisal, Limitations › Section 270-6.6 - Dispute resolution: appraisal

Current through Register Vol. 46, No. 28, July 10, 2024
In the event an applicant for a lease, easement or other
						interest in real property shall dispute and request a reduction of the
						commissioner's determination of the value of the interest to be conveyed, the
						commissioner shall, upon the applicant's submission of an appraisal of the
						value of such property interest conducted in accord with standard and accepted
						appraisal methodology by an independent appraiser qualified as prescribed in
						this section and which appraisal varies in its conclusion as to value by 10
						percent or more or the value previously established by the commissioner, and
						upon the applicant's agreement to be bound thereby, contract with a second
						independent appraiser, qualified as prescribed in this section, to render an
						appraisal of the value of the interest proposed to be conveyed, the results of
						which appraisal shall be binding upon both the applicant and the Commissioner
						of General Services. Such appraiser shall be selected by the Commissioner of
						General Services from among a group of at least three appraisers identified by
						the applicant all of whom must be qualified as prescribed in this section and
						each of whom must agree to employ standard appraisal methodology. For the
						purposes of this provision a qualified appraiser shall be certified by the
						Secretary of State to transact business as a real estate general appraiser and
						shall conduct a regular business of the appraisal of real property interest. In
						the event that the appraisal contracted for in such manner shall conclude that
						the value of the property interest in question is equal to the value previously
						determined by the commissioner plus or minus 10 percent, the entire cost of
						such appraisal shall be borne by the applicant, otherwise, the entire cost
						thereof shall be borne by the Commissioner of General
						Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-6 - Fees, Appraisal, Limitations › Section 270-6.7 - Administrative fee

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may impose an administrative fee not to
						exceed $500, based upon the costs of processing the conveyance or interest,
						such costs to be in addition to any other fee or appraised value. The fee may
						be prorated and collected annually over the term of the conveyance or
						interest.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-6 - Fees, Appraisal, Limitations › Section 270-6.8 - Grants in fee simple or conversion: appraisal

Current through Register Vol. 46, No. 28, July 10, 2024
Grants in fee simple of State-owned lands underwater
						shall be appraised based upon the value of the adjacent upland developed from
						the income, cost or market approach to value, as appropriate, reduced by the
						value of the riparian or littoral interest of the adjacent upland owner. Grants
						converting prior conditional conveyances to fee conveyances shall be appraised
						based upon the value of the remaining interest in the State.