N.Y. Comp. Codes R. & Regs. tit. 21 § 9003.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 9003.4 - Permits

(a) When any provision of these rules requires a permit as a condition to the performance of an act or activity, no such act or activity shall be implemented or commenced prior to the receipt of a written permit authorizing such activity, from ParksCorp or from its authorized designee or representative with respect to such activities.

(b) A permit may be granted upon such terms and conditions as ParksCorp shall reasonably impose, and shall authorize the permitted acts or activities only insofar as they are performed in strict accordance with the terms and conditions thereof. All such permits are terminable at will by ParksCorp or the BPCA upon notice to the permit holder.

(c) Permits shall be applied for on forms prepared and provided by ParksCorp, which forms shall require such information as ParksCorp may deem appropriate for the review and evaluation of the permit application. ParksCorp may require a permit fee established in accordance with section 9003.45 of this Part. Applications for permits shall be evaluated based on:

(1) whether the activity is consistent with these rules, the plaza regulations and the policies of ParksCorp and BPCA;

(2) whether the activity may interfere with the general public's use and enjoyment of the parks or adjacent areas, the repair, maintenance, construction, reconstruction, operation, or the staging of work for the parks, and other matters related to the sound operation of the parks; and

(3) any additional matters referred to in section 9003.25(d)(1) through (8) of this Part as may be applicable to this activity.

(d) Depending on the type of activity which the permit application involves, considering such factors as the number of persons likely to be involved, likelihood of maintenance and operations costs, whether a commercial enterprise or substantial fund raising is involved, risks of damage, potential for liability, and other matters related to the sound operation of the parks, ParksCorp may require the permit holder to post an undertaking and/or to provide surety or insurance. Such undertaking shall be in an amount sufficient to ensure full compliance with the terms and conditions of the permit, and the surety or insurance shall be of a type and in an amount reasonably necessary to protect the ParksCorp, the BPCA, and other appropriate parties from claims. If, upon expiration or termination of the permit, it is determined that a permit holder has not complied with the terms and conditions of the permit, or has violated any law, ordinance, statute or rule, then the following rules shall apply:

(1) any undertaking provided to ParksCorp as security for a permit holder's performance shall be forfeited and retained by ParksCorp to the extent necessary to remedy, or compensate ParksCorp, the BPCA or such other parties for the damages caused by such acts, omissions, or violations;

(2) the permit holder, together with his agents and employees who violated such terms and conditions or provisions of the permit or law, ordinance, statute or rule, shall be jointly and severally liable for any additional sum necessary to correct or compensate ParksCorp, the BPCA or such other parties for such damages; and

(3) neither forfeiture of any security nor payment nor recovery for such damages shall in any way relieve the permit holder of civil or criminal liability arising from the violation of the terms and conditions of the permit or of any law, ordinance or rule.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 9003.4