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Subpart 645-5 Permit Application Requirements

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Contents:

Sec.

§645-5.1 Applicability

This Subpart applies to applications for all permits which are issued by the commission or its designee. The commission may designate the executive director of the commission as its agent to issue permits of a ministerial nature.

§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.

§645-5.3 Applications for Specific Permits

(a) The following permits shall be required from the commission:

(1) permits to construct or operate a Class A marina pursuant to section 646-1.2 of this Title;

(2) permits to construct a dock, wharf or mooring pursuant to section 646- 1.1 of this Title;

(3) sign permits issued pursuant to Subpart 646-7 of this Title;

(4) permits for wastewater system inspection compliance pursuant to Subpart 646-3 of this Title;

(5) permits to operate a wastewater system pursuant to Subpart 646-3 of this Title;

(6) permits to construct a wastewater system pursuant to Subpart 646-3 of this Title;

(7) stormwater management permits issued pursuant to Subpart 646-4 of this Title; and

(8) special permits for recreational uses, tour boats, seaplanes and parasailing issued pursuant to Subpart 646-1 of this Title.

(b) The following projects shall be considered minor projects:

(1) the construction of a single residential dock, wharf or mooring and construction which alters, modifies enlarges or expands an existing dock, wharf or mooring, provided the structure is not located in a wetland, fish spawning area, an area of significant wildlife habitat, or an area of unique scenic, historic or natural significance;

(2) the erection of a sign;

(3) permits for wastewater system inspection compliance;

(4) permits to operate a wastewater system;

(5) interim permits to operate a wastewater system;

(6) permits to construct a wastewater system;

(7) special permits for tour boats, parasails and berthing of seaplanes when such were in continuous use prior to January 1, 1991; and

(8) stormwater management permits for minor projects as defined in section 646-4.10(a) of this Title.

(c) All other projects shall be considered major projects.

§645-5.4 Commission Action on Applications

(a) Following its review of an application, the commission shall mail notice of its determination of completeness or incompleteness to the applicant.

(b) If the application is determined to be incomplete, the notice shall include a brief statement indicating all identifiable areas of incompleteness.

(c) If the application is determined to be complete, the notice shall state:

(1) the applicant's name;

(2) a brief description of the proposed project and its location, including the real property map section, block and lot;

(3) whether the project is major or minor;

(4) a list of all commission permits for the project for which application has been made, and identification numbers for those applications;

(5) the name and telephone number of the commission representative and, where applicable, of any lead agency representative to contact for further information;

(6) the status of environmental reviews undertaken under SEQR, including identification of lead agency, a positive or negative determination of significance, and whether the action is Type I, unlisted, Type II, exempt, or excluded, as defined in 6 NYCRR Part 617 or Subpart 645-3 of this Part; and

(7) if public notice is required, the deadline (not less than 15 calendar days after the date of publication) for submission of written comments on the application, and the deadline (not less than 30 calendar days after publication) for submission of comments on the DEIS if one has been prepared.

§645-5.5 Public Notice and Comment

(a) Where the commission staff determines that it will assist the review of a proposed project or activity, the staff may, prior to determining the completeness of an application, prepare and cause the applicant to publish, in such manner as the staff may reasonably prescribe, a notice of application. The notice of application shall include all of the information required by section 645-5.4(c)(1)-(6) of this Subpart, as is then available to staff.

(b) Immediately upon determining that an application is complete and is for a major project or a minor project where the commission staff determines that public notice is appropriate, the commission shall provide notice to the chief executive officer of the municipality in which the proposed project is to be located, and to any person who has previously expressed in writing interest in receiving such notification. The commission staff shall also publish notice of complete application in the Environmental Notice Bulletin, after providing the notice to the applicant. The notice shall be of the form specified in section 645-5.4(c) of this Subpart.

(c) The commission may require the applicant to provide other reasonable public notice of a complete application and opportunity for public comment. Such notice may include, but is not limited to, the notification of neighboring property owners and/or publication in a newspaper of general circulation in the areas in which the proposed project is to be located.

§645-5.6 Determination to Conduct a Public Hearing

(a) After the permit application for a project is complete and following the close of the public comment period, if required, the commission shall evaluate the application and any comments received on it to determine whether a public hearing should be held. If a hearing should be held, the applicant and all persons who have filed comments shall be notified by mail. The determination to hold a hearing shall be based upon: whether, in the commission's judgment, the application or public comments raise substantive and significant issues relating to any findings or determinations the commission is required to make pursuant to the ECL, article 43 or 71, title 33, or rules or regulations promulgated thereunder, including the reasonable likelihood that a permit applied for will be denied or can be granted only with major modifications to the project because the project, as proposed, may not meet statutory or regulatory criteria or standards. Where any comments received from members of the public or otherwise raise substantive and significant issues relating to the application, and the resolution of any such issue may result in denial of the permit application, or the imposition of significant conditions thereon, the commission shall hold a public hearing on the application.

(b) Mere expressions of general opposition to a project are insufficient grounds for holding a public hearing on a permit application. In order to raise substantive and significant issues, written comments expressing objection or opposition to an application must explain the basis of that opposition and identify the specific grounds which could lead the commission to deny or impose significant conditions on the permit.

(c) The commission will not usually require public hearings in connection with applications for minor projects, as defined in section 645-5.3 of this Subpart. If a permit for a minor project or any project that was not subject to a public hearing is denied, or is issued with significant conditions attached, the applicant may request that a public hearing be held. Such a request must be made within 15 calendar days of the date of denial or issuance of the permit with conditions.

(d) The hearing shall be held in accordance with the provisions of Subpart 645-6 of this Part.

§645-5.7 Final Decisions on Applications

The commission shall mail to the applicant, and to the applicant's attorney, if known, a decision in the form of a permit, a permit with conditions or, if applicable, a statement that the permit applied for has been denied, with an explanation for the denial.

§645-5.8 Optional Preapplication Conferences

Any applicant may request a preapplication conference with appropriate commission 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 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 on information provided by the applicant.

§645-5.9 Applications for Permit Renewals or Modifications

(a) A permittee may apply to the commission for renewal or modification of a permit. Such application shall:

(1) provide information supporting the action sought;

(2) shall include the payment of any fees required; and

(3) if for a modification, shall include a statement of necessity or reasons for the modification.

(b) The commission may determine that any application for renewal or modification shall be treated as a new application for a permit if:

(1) the application involves a material change in existing permit conditions or in the scope of the permitted actions;

(2) there has been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; or

(3) an opportunity for public comment and/or hearing is required by law or is deemed necessary by the commission.

In such cases, the commission shall mail to the applicant notice of such determination and process the application as a new application.

(c) The commission shall notify the applicant by mail of its decision. If the decision is to deny the application, the applicant may, within 15 calendar days of the date of the denial, request that a hearing be held.

§645-5.10 Permit Modifications, Suspensions or Revocations

(a) Permits may be modified, suspended or revoked at any time by the commission, either at the request of any interested party or upon the commission's initiative, for any of the grounds set forth in paragraphs (1)- (5) of this subdivision. All such requests must be in writing and must contain facts or reasons supporting the request. If the commission decides the request is not justified, it will send the person initiating the request a brief written response giving the reason(s) for the decision. Denials of requests for modification suspension or revocation are not subject to public notice, comment or hearings. The grounds for modification, suspension or revocation are:

(1) materially false or inaccurate statements in the application or supporting papers;

(2) failure by the permittee to comply with any terms or conditions of the permit;

(3) exceeding the scope of the project as described in the application;

(4) newly discovered information or significant physical changes since the permit was issued; or

(5) noncompliance with any provisions of ECL, articles 43 and 71, title 33, or rules or regulations promulgated thereunder, or any permits, certificates or orders issued by the commission directly related to the permitted activity.

(b) The commission shall give notice of intent to modify, suspend or revoke a permit to the permittee by certified mail, return receipt requested, or by personal service. The notice shall state the alleged facts of conduct which appear to warrant the intended action.

(c) Within 10 calendar days of receiving a notice of intent, the permittee may submit a written statement to the commission, giving reasons why the permit should not be modified, suspended or revoked, or requesting a hearing, or both. The failure by the permittee to timely submit a statement or to request a hearing, or both, shall result in the commission action becoming effective on the date specified in the notice of intent.

(d) At the next regular meeting of the commission following receipt of the permittee's statement or request for a hearing, the commission shall either:

(1) if only a statement is submitted, rescind or confirm the notice of intent based on the information provided by the permittee; or

(2) if a hearing has been requested, or if the commission determines that a hearing is warranted, notify the permittee of a date and place for a hearing.

(e) In the event such a hearing is held, the commission shall issue a decision which:

(1) continues the permit in effect as originally issued;

(2) modifies the permit;

(3) suspends the permit for a stated period of time or upon stated conditions; or

(4) revokes the permit, including, where ordered by the commission, the removal or modification of all or any portion of a project, whether completed or not.

(f) Notice of such decision, stating the findings and reasons therefor, shall be mailed to the permittee, certified mail, return receipt requested.

(g) Nothing in this Part shall preclude or affect the commission's authority to issue summary abatement orders under section 71-0301 of the ECL, or to take emergency actions summarily suspending a permit under subdivision 3 of section 401 of the State Administrative Procedure Act.

§645-5.11 Special Provisions

(a) Any time period specified in this Subpart may be extended for good cause, by mutual written consent of the applicant and the commission or the executive director acting with the advice and consent of counsel.

(b) At any time during the review of an application for a permit or renewal, the commission may request in writing any additional information which is reasonably necessary to make any findings or determinations required by law. Such a request shall be explicit, and shall indicate the reasonable date by which the commission is to receive the information. Failure to provide such information by the date specified in the request may be grounds for denial of the application.

(c) The commission may issue general permits to allow work to eliminate damage caused by natural disasters or extraordinary weather, including the repair or replacement in site and in kind of facilities which existed prior to the damage. Processing of such permits need not follow the full procedural requirements of this Subpart.

(d) The commission may require, as a condition to a permit and prior to commencement of work, that the permittee post a bond of specified amount with the commission. The bonds shall be required in an amount to ensure faithful compliance with the terms and conditions of the permit, 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 commission to implement performance of conditions upon the failure of a permittee to properly implement any such conditions. The bond shall remain in effect until the work is completed to the satisfaction of the commission.

(e) Where this regulation requires exchange of written materials within specified time periods, postmark dates shall satisfy the requirements, when not otherwise specifically provided.

(f) In rendering a decision on an application for a permit, the commission may assess the cumulative impact of the project or activity upon the resources of the park.