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 270-6.1 - Fees, commercial structures

Current through Register Vol. 46, No. 28, July 10, 2024
The consideration to be charged for each grant of
						easement, lease, permit or lesser interest in lands underwater shall be fixed
						by the Commissioner of General Services in accordance with article 6 of the
						Public Lands Law and the following guidelines.
(a) Commercial structures (not in existence
					 on August 7, 1992) shall be charged the following: annual fee not to exceed two
					 percent of net annual income.
(b)
					 Commercial structures (in existence and commercial use on or before August 7,
					 1992) shall be charged the following: annual fee not to exceed following
					 percentage of net annual income:
Year 1 -.2 (two tenths) of one percent
Year 2 -.4 (four tenths) of one percent
Year 3 -.6 (six tenths) of one percent
Year 4 -.8 (eight tenths) of one percent
Year 5 and thereafter, one percent.
(c) The net annual income upon which the fee
					 is based shall include income derived from the earnings or rental of structures
					 on State-owned lands underwater after deduction for associated operating and
					 maintenance expenses and shall exclude earnings derived from operation not
					 directly associated with the rental of such structures, such as the sale and
					 repair of boats and the sale of gasoline. The commissioner may request the
					 applicant to provide financial statements for the preceding two-year period in
					 order to calculate the net annual income.
(d) As an alternative to income based fees,
					 the commissioner, in cooperation and consultation with the marine trades
					 industry, may develop a regional fee schedule based upon a market analysis of
					 annual fees charged by marina facilities for slip rental and classified by
					 factors such as location, access and condition, with appropriate deduction for
					 related operating expenses. The regional fee will be expressed in terms of
					 "dollars per foot of slip length" and remain subject to the fee guidelines of
					 this section. In the event the regional fee schedule is developed, any marina
					 owner disputing the regional fee shall have the opportunity to object to the
					 imposition of the regional fee, pursuant to the terms of section
					 270-6.6 of this Subpart.
(e) No increase in the value of the dollar
					 shall be permitted during the initial five-year period. Adjustments after the
					 initial five-year period shall be based upon the Consumer Price Index (CPI-W)
					 as provided by the United States Bureau of Labor Statistics.
(f) In the event calculation of net annual
					 income from the nonexempt structure(s) is not possible based upon type of
					 structure involved or the financial information provided by the applicant, the
					 commissioner may appraise the structure using either the cost or market
					 approach to value, as appropriate.
(g) In the event an annual permit is issued
					 for the structure, the fee to be charged shall be discounted 10
					 percent.
(h) Payment of fees shall
					 be made annually on the anniversary date of the lease, easement, permit or
					 lesser interest. The commissioner may, upon request of the owner or user of the
					 adjacent upland, agree to provide for different periodic payments or a more
					 flexible payment structure than the fee caps and fees set forth
					 herein.