Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 34
§ 2799-ccc. Definitions. As used or referred to in this title, unless
a different meaning clearly appears from the context:

1. "Airport" shall mean any area of land or water which is used, or
intended for use, for the landing and takeoff of aircraft, and any
appurtenant areas which are used, or intended for use, for airport
buildings or other aviation facilities, airport facility or
rights-of-way, together with all airport buildings and facilities
located thereon, including any heliport;

2. "Airport hazard" shall mean any structure or object of natural
growth located on or in the vicinity of an airport, or any use of land
near such an airport, which obstructs the airspace required for the
flight of aircraft in landing or taking off at such airport or is
otherwise hazardous to such landing or taking off of aircraft;

3. "Authority" shall mean the corporation created by this title;

4. "Aviation facilities" shall mean any airport facility or terminal
including but not limited to any facility, property or equipment
necessary, convenient or desirable for the landing, taking off,
accommodation or servicing of aircraft of all types, and shall include
such other facilities, equipment, property, structures and appurtenances
as may be necessary or convenient in the operation, maintenance,
development or improvement of an airport including facilities,
equipment, property, structures, and appurtenances, leased by the
authority to persons, engaged in air transportation or the production or
development of materials, goods or equipment for an airport or air
transportation or in providing facilities or equipment for the
accommodation, safety, security or comfort of the traveling public and
for purposes related or incidental to one or more of the foregoing
purposes. It shall include, without limitation, runways, aprons,
hangars, control towers, ramps, taxiways, navigation aids, warehouses,
office and service buildings, structures, parking facilities, concession
facilities, restaurants located in the terminal, motels and hotels
located in the terminal, retail stores, maintenance facilities, fuel
facilities, and facilities for the loading, unloading, holding,
interchange or transfer of such passengers, freight, baggage or cargo.
It shall also mean any property necessary to remove, mitigate, prevent
or limit airport hazards. It shall also mean facilities and equipment
providing access to an airport facility or terminal, including
appropriate mass transportation terminal facilities at and within the
airport facility or terminal itself. It shall also mean highways, access
roads, driveways and approaches in the vicinity of an airport facility
or terminal providing improved access to such airport facility or
terminal. Notwithstanding any contrary provision of law, general,
special or local, it shall also mean railroad projects related or of
benefit to an airport facility or terminal consisting of railroad
transportation facilities; and any equipment, improvement, structure or
facility or any land, and any building, structure, facility or other
improvement thereon, or any combination thereof, and all property in
connection therewith or incidental thereto, deemed necessary or
desirable in the opinion of the authority, whether or not now in
existence or under construction, for the undertaking of such railroad
projects (exclusive of privately owned, stand alone railroad facilities
which do not provide a benefit to the airport).

5. "Bonds" shall mean the bonds, notes or other evidences of
indebtedness issued by the authority pursuant to this title and the
provisions of this title relating to bonds and bondholders which shall
apply with equal force and effect to notes and noteholders,
respectively, unless the context otherwise clearly requires.

6. "City" shall mean the city of Syracuse.

7. "Construction" shall mean the acquisition, erection, building,
alteration, repair, improvement, increase, enlargement, extension,
installation, reconstruction, renovation or rehabilitation of a project
including any appurtenances thereto which may be necessary or desirable
to promote the efficiency or effectiveness of such project; the
inspection and supervision thereof; and the engineering, consulting,
architectural, legal, fiscal and economic and environmental
investigations and studies, surveys, designs, plans, working drawings,
specifications, procedures and other actions incidental thereto and
claims arising therefrom.

8. "Cost" as applied to any project, shall include the cost of
construction, the cost of the acquisition of all property, both real and
personal, improved and unimproved, the cost of demolishing, removing or
relocating any buildings or structures on lands so acquired, including
the cost of relocating tenants or other occupants of the buildings or
structures on such land and the cost of acquiring any lands to which
such buildings or structures may be moved or relocated, the cost of all
systems, facilities, machinery, apparatus and equipment, financing
charges, interest prior to, during and after construction to the extent
not paid or provided for from revenues or other sources, the cost of
engineering and architectural surveys, plans and specifications, the
cost of consultants' and legal services, the cost of lease guarantees,
credit enhancement or bond insurance, other expenses necessary or
incidental to the construction of such project and the financing of the
construction thereof, including the amount authorized in the resolution
of the authority providing for the issuance of bonds to be paid into any
reserve or other special fund from the proceeds of such bonds and the
financing of the placing of any project in operation, including
reimbursement to any public corporation, the state, the federal
government or any other person for expenditures that would be costs of
the project hereunder had they been made directly by the authority.

9. "County" shall mean Onondaga county.

10. "Equipment" shall mean snow removal vehicles, fire fighting and
rescue vehicles, passenger and freight vehicles, aircraft, motors,
boilers, engines, wires, ways, conduits and mechanisms, machinery,
tools, implements, materials, supplies, instruments and devices of every
nature whatsoever used or useful for aviation and transportation
purposes or for the generation or transmission of motive power including
but not limited to all power houses, and all apparatus and all devices
for navigation, security, safety, signaling, communications and
ventilation as may be necessary, convenient or desirable for the
operation of aviation facilities and pollution control facilities.

11. "Facility" shall mean, among other things, such properties,
structures, appurtenances, utilities, terminals, railroad trackage,
warehouses, elevators and such other works, properties, buildings or
allied items necessary or desirable in connection with development,
operation, maintenance or improvement of airport and public
transportation needs and for the accommodation, safety, security or
comfort of the public and of commercial enterprise.

12. "Federal government" shall mean the United States of America, and
any department, board, commission, bureau, division, corporation, agency
or instrumentality thereof.

13. "Joint service arrangement" shall mean agreements between or among
the authority and any person, the state, the city, any other public
corporation, the federal government, any other state or agency or
instrumentality thereof, relating to property, buildings, structures,
facilities, services, rates, fares, classifications, divisions,
allowances or charges (including charges between operators of railroad,
omnibus and aviation facilities), or rules or regulations pertaining
thereto, for or in connection with or incidental to transportation in
part in or upon railroad, omnibus or aviation facilities located within
the county and in part in or upon railroad, omnibus or aviation
facilities located outside the county.

14. "Municipality" shall mean a county, city, town, village or school

15. "Person" shall mean any natural person, firm, partnership,
association, joint venture or corporation, exclusive of a public

16. "Personal property" shall mean chattels and other tangible things
of a movable or removable nature.

17. "Pollution control facilities" shall mean any equipment,
improvement, structure or facility or any land and any building,
structure, facility or other improvement thereon, or any combination
thereof, and all property deemed necessary therewith, having to do with
or the end purpose of which is the control, abatement or prevention of
land, sewer, water, air, noise or general environmental pollution
deriving from the operation of aviation facilities, including, but not
limited to any air pollution control facility, noise abatement or
suppression facility (including physical barriers, landscaping and sound
proofing for the purpose of diminishing the effect of aircraft noise on
any area adjacent to an airport), water management facility, waste water
collecting system, waste water treatment works, sewage treatment works,
deicing facility, or sewage treatment system or site.

18. "Property" shall mean both real and personal property.

19. "Project" shall mean any property or improvements located within
the state of New York and within or outside or partially within and
partially outside Onondaga county, including, but not limited to,
machinery, equipment and other facilities deemed necessary or desirable
in connection therewith, or incidental thereto, whether or not now in
existence or under construction, which shall be necessary or suitable
for aviation purposes and airport development and which may include or
mean aviation facilities and pollution control facilities; provided,
however, the authority shall not use its funds in respect of any part of
a project located wholly or partially outside the county without the
prior consent thereto by the governing body of any other county in which
a part or parts of the project is, or is to be located. It shall also
mean any property necessary to remove, mitigate, prevent or limit
airport hazards.

20. "Public corporation" shall mean a county, city, town, village,
school district or special district, any public benefit corporation,
agency or instrumentality of the state or of any municipality, or two or
more of any of the foregoing acting jointly.

21. "Real property" shall mean lands, structures, franchises and
interests in land, airspace, waters, lands under water, riparian rights,
air rights, any fixtures, equipment and articles of personal property
affixed to or used in connection therewith, and any and all things and
rights included within said term and includes not only fees simple
absolute but also any and all lesser interests including but not limited
to easements, rights-of-way, uses, leases, licenses and all other
incorporeal hereditaments and every estate, interest or right, legal or
equitable, including terms for years and liens thereon by way of
judgments, mortgages, or otherwise.

22. "Revenues" shall mean all rates, fees, rents, revenues, charges
and other income derived by the authority from the operation, leasing,
sale or other disposition of a project or projects.

23. "State" shall mean the state of New York.