Section 2752. Definitions  


Latest version.
  • 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  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 an 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 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
      freight projects related  or  of  benefit  to  an  airport  facility  or
      terminal  consisting  of  railroad  freight transportation facilities or
      railroad freight terminal 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
      freight projects.
        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. "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 Monroe county.
        9. "Equipment" shall mean snow removal  vehicles,  fire  fighting  and
      rescue  vehicle,  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,  signalling,  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 arrangement" 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 movable 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, which if within
      any city are not of a character or nature then or formerly furnished  or
      supplied  by  the city, 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 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 within and
      partially  outside  Monroe  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.
        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 a project or projects.
        22. "State" shall mean the state of New York.