N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-5.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-5.11