N.Y. Comp. Codes R. & Regs. tit. 21 § 751.1

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

Section 751.1 - Construction and scope of rules; variance

(a)Construction.

These rules are to be construed as follows:

(1) any term in the singular includes the plural;

(2) any rule or regulation relating to or prohibiting any act extend to and include the attempt to commit such act and the causing, procuring, aiding or abetting, directly or indirectly, of that act; and/or allowing a minor child or pet to do that act;

(3) no provision contained in this Part makes unlawful any act performed by any officer or employee of the trust, or any city or State agency, in the line of duty or scope of employment, or by any person, his or her agents or employees, in the proper and necessary execution of the terms of any agreement with the trust;

(4) these rules are in addition to and supplement all municipal, State and Federal laws, regulations and ordinances.

(b)Territorial scope.

The provisions of this Part are effective within and upon all property that is under the jurisdiction, custody or control of the Hudson River park Trust unless otherwise provided.

(c)Severability.

If any provision of this Part, or application thereof to any person or circumstances, is determined to be contrary to law by a court of competent jurisdiction, such determination will not affect or impair the validity of the other provisions of this Part or the application to other persons or circumstances.

(d)Headings.

Part and section headings contained herein are solely for the purpose of aiding in the location of general subject matter and are not intended to be used in the construction of these rules.

(e)Variance.

Any act or activity prohibited solely by this Part will be lawful if performed in strict compliance with the terms and conditions of a variance issued by the trust. The trust may issue a variance where there are significant practical difficulties, or unnecessary hardships, not created or caused by the applicant, in the way of carrying out this Part, or where the beauty and utility of property within the jurisdiction of the trust would be preserved by compliance with the terms and conditions of such variance.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 751.1

Amended New York State Register August 19, 2020/Volume XLII, Issue 33, eff. 6/3/2020