2006 New York Code - Definitions.



 
    §  2778.  Definitions.  As used or referred to in this title, unless a
  different meaning clearly appears from the context:
    1. "Airport" (a) 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,  parking  facilities   or   other   airport   facilities   or
  rights-of-way,  together  with  all  airport  buildings  and  facilities
  located thereon; and (b) includes 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,  maintenance facilities, fuel facilities, facilities for the
  overnight accommodation of passengers and carrier  employees,  including
  hotels and motels located at the authority's airport, 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 airports 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 pollution control facilities, highways, bridges,  access
  roads,  driveways  and approaches in the vicinity of an airport facility
  or terminal providing  improved  access  to  such  airport  facility  or
  terminal.
    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 bond holders which shall
  apply with equal force and effect to notes and note holders  unless  the
  context otherwise clearly requires.
    6.  "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.
    7. "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.
    8. "County" shall mean Albany county.
    9. "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.
    10.  "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.
    11.  "Federal government" shall mean the United states of America, and
  any department, board, commission, bureau, division, corporation, agency
  or instrumentality thereof.
    12. "Joint service arrangements"  shall  mean  agreements  between  or
  among  the  authority  and  any person, the state, the county, any other
  public corporation, the federal government, any other state or agency or
  instrumentality thereof, relating to  property,  buildings,  structures,
  facilities,   services,   rates,   fares,   classification,   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.
    13.  "Municipality" shall mean a county, city, town, village or school
  district.
    14.  "Person"  shall  mean  any  natural  person,  firm,   partnership
  association,  joint  venture  or  corporation,  exclusive  of  a  public
  corporation.
    15. "Personal property" shall mean chattels and other tangible  things
  of a moveable or removable nature.
    16.   "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 systems, waste water treatment works, sewage treatment  works
  system, or sewage treatment system or site.
    17. "Property" shall mean both real and personal property.
    18.  "Project"  shall mean any property or improvements located within
  the state of New York and within or outside or partially outside  Albany
  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 noise
  or hazards.
    19. "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.
    20. "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.
    21.  "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 the airport or airport related facilities.
    22. "State" shall mean the state of New York.

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