New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-7 - Regulatory Fees › Section 645-7.6 - Dock, Mooring and Wharf Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 No person shall use or construct a dock, wharf or mooring on the waters of the
					 Park without paying the fee required by this Section.
(b) The owner of a dock, wharf or mooring
					 used for residential purposes shall pay an annual fee of $50.00 for each such
					 dock, wharf or mooring.
(c) The
					 owner of an association dock, wharf or mooring shall pay an annual fee in the
					 amount of $50.00 times the total number of units with deeded or contractual
					 access to the association docks, wharfs or moorings, or the actual number of
					 vessels capable of being docked or moored at the association docks, wharfs or
					 moorings, whichever is less.
(d)
					 The owner of a dock or wharf used for commercial purposes shall pay an annual
					 fee of five dollars ($5.00) per useable linear foot for each such dock or
					 wharf. Useable linear footage shall be measured as the distance along the
					 longest side of any structure used as a dock or wharf, together with the length
					 of the longest side of all lateral structures which extend from the dock or
					 wharf and which are capable of sustaining foot traffic for access to and from
					 vessels and/or for berthing vessels. No linear distance shall be counted twice
					 for the purpose of determining the fee required pursuant to this paragraph.
					 Docks or wharfs which connect to shore shall be measured from the point where
					 the decking or walkway intersects the shore, but in no event beyond the mean
					 highwater mark. For the convenience of the regulated community, examples of
					 typical dock configurations and the applicable fees are provided in this
					 Subdivision.
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(e) The owner of a mooring used for
					 commercial purposes shall pay an annual fee of $100 for each such
					 mooring.
(f) The owner of a dock or
					 wharf constructed on or after January 1, 1988 used for commercial purposes
					 shall pay a first time fee of $10.00 per useable linear foot for each such dock
					 or wharf. Useable linear footage shall be calculated in accordance with
					 paragraph (d) of this Section. Such fee shall be payable prior to the issuance
					 of a permit to construct the dock or wharf and shall be in lieu of the fee
					 assessable pursuant to paragraph (d) of this Section for the calendar year in
					 which such a permit is issued. Each successive year thereafter, the owner shall
					 pay the fee required by paragraph (d) of this Section. This provision shall not
					 apply to the replacement in kind of an existing dock or wharf, but shall apply
					 to any modification, extension, or expansion of an existing dock or
					 wharf.
(g) The owner of each quick
					 launch facility shall, in addition to the fees assessable pursuant to other
					 paragraphs of this Section, pay an annual fee of $5.00 per usable linear foot
					 for the total useable linear footage of dry storage capacity at the quick
					 launch subject to the following:
(1) Where
					 the quick launch facility uses wet storage capacity exclusively for vessels
					 which are quick launched, the total useable linear footage of such capacity
					 shall be subtracted from the total useable linear footage of dry storage
					 capacity to prevent the double assessment of storage capacity which is used by
					 the same vessels; and
(2) Where a
					 quick launch facility does not use a rack storage or other system where the
					 useable linear footage of storage capacity is measurable, the owner shall pay
					 an annual fee based upon the total estimated linear footage of the vessels to
					 be stored during a calendar year. Such owners shall, prior to April 1st of each
					 year, estimate the total linear footage of vessels to be stored during that
					 calendar year and shall pay the fee required by this subparagraph based upon
					 that estimate. The estimate required herein shall not be less than the total
					 linear footage of vessels stored during the previous calendar year, unless the
					 owner demonstrates why the amount should be less. The commission shall not be
					 bound by such an estimate if its staff determines it to be unreasonable, in
					 which event the staff may calculate the estimated fee. Any person who is
					 required to pay a regulatory fee based upon an estimate shall, on or before
					 October 1st of the year in which such an estimate is given, report to the
					 commission on such forms as the commission may prescribe the actual linear
					 footage vessels stored during that calendar year. Such reports shall be
					 verified by the owner or operator. Any amount which is disclosed to be due and
					 payable to the commission shall be due and payable on October 1st of such year
					 and shall be subject to a penalty in accordance with the provisions of Section
					 645-7.4  of
					 this Subpart if not paid within 30 days of such date. Any excess amount shall
					 be credited against the regulatory fee due and payable for the next succeeding
					 fiscal year. Any dispute over the computation of such a recalculated fee shall
					 be resolved under the procedures of Section
					 645-7.5 
					 of this Subpart.