§ 2752 — Definitions

§ 2752. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n 1. "Airport" (a) shall mean any area of land or water which is used,\nor intended for use, for the landing and takeoff of aircraft, and any\nappurtenant areas which are used, or intended for use, for airport\nbuildings or other airport facilities or rights-of-way, together with\nall airport buildings and facilities located thereon; and (b) includes\nany heliport.\n 2. "Airport hazard" shall mean any structure or object of natural\ngrowth located on or in the vicinity of an airport, or any use of land\nnear such an airport, which obstructs the airspace required for the\nflight of aircraft in landing or taking off at such airport or is\notherwise hazardous to such landing or taking off of aircraft.\n 3. "Authority" shall mean the corporation created by this title.\n 4. "Aviation facilities" shall mean any airport facility or terminal\nincluding but not limited to any facility, property or equipment\nnecessary, convenient or desirable for the landing, taking off,\naccommodation or servicing of aircraft of all types, and shall include\nsuch other facilities, equipment, property, structures and appurtenances\nas may be necessary or convenient in the operation, maintenance,\ndevelopment or improvement of an airport including facilities,\nequipment, property, structures, and appurtenances, leased by the\nauthority to persons, engaged in air transportation or the production or\ndevelopment of materials, goods or equipment for an airport or air\ntransportation or in providing facilities or equipment for the\naccommodation, safety, security or comfort of the traveling public and\nfor purposes related or incidental to one or more of the foregoing\npurposes. It shall include, without limitation, runways, aprons,\nhangars, control towers, ramps, taxiways, navigation aids, warehouses,\noffice and service buildings, structures, parking facilities, concession\nfacilities, maintenance facilities, fuel facilities, facilities for the\novernight accommodation of passengers and carrier employees, including\nhotels and motels located at an authority's airport, and facilities for\nthe loading, unloading, holding, interchange or transfer of such\npassengers, freight, baggage or cargo. It shall also mean any property\nnecessary to remove, mitigate, prevent or limit airport hazards. It\nshall also mean facilities and equipment providing access to an airport\nfacility or terminal, including appropriate mass transportation terminal\nfacilities at and within the airport facility or terminal itself. It\nshall also mean highways, access roads, driveways and approaches in the\nvicinity of an airport facility or terminal providing improved access to\nsuch airport facility or terminal. Notwithstanding any contrary\nprovision of law, general, special or local, it shall also mean railroad\nfreight projects related or of benefit to an airport facility or\nterminal consisting of railroad freight transportation facilities or\nrailroad freight terminal facilities; and any equipment, improvement,\nstructure or facility or any land, and any building, structure, facility\nor other improvement thereon, or any combination thereof, and all\nproperty in connection therewith or incidental thereto, deemed necessary\nor desirable in the opinion of the authority, whether or not now in\nexistence or under construction, for the undertaking of such railroad\nfreight projects.\n 5. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title and the\nprovisions of this title relating to bonds and bondholders which shall\napply with equal force and effect to notes and noteholders,\nrespectively, unless the context otherwise clearly requires.\n 6. "Construction" shall mean the acquisition, erection, building,\nalteration, repair, improvement, increase, enlargement, extension,\ninstallation, reconstruction, renovation or rehabilitation of a project\nincluding any appurtenances thereto which may be necessary or desirable\nto promote the efficiency or effectiveness of such project; the\ninspection and supervision thereof; and the engineering, consulting,\narchitectural, legal, fiscal and economic and environmental\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions incidental thereto and\nclaims arising therefrom.\n 7. "Cost", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, both real and\npersonal, improved and unimproved, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of relocating tenants or other occupants of the buildings or\nstructures on such land and the cost of acquiring any lands to which\nsuch buildings or structures may be moved or relocated, the cost of all\nsystems, facilities, machinery, apparatus and equipment, financing\ncharges, interest prior to, during and after construction to the extent\nnot paid or provided for from revenues or other sources, the cost of\nengineering and architectural surveys, plans and specifications, the\ncost of consultants' and legal services, the cost of lease guarantees,\ncredit enhancement or bond insurance, other expenses necessary or\nincidental to the construction of such project and the financing of the\nconstruction thereof, including the amount authorized in the resolution\nof the authority providing for the issuance of bonds to be paid into any\nreserve or other special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including\nreimbursement to any public corporation, the state, the federal\ngovernment or any other person for expenditures that would be costs of\nthe project hereunder had they been made directly by the authority.\n 8. "County" shall mean Monroe county.\n 9. "Equipment" shall mean snow removal vehicles, fire fighting and\nrescue vehicle, passenger and freight vehicles, aircraft, motors,\nboilers, engines, wires, ways, conduits and mechanisms, machinery,\ntools, implements, materials, supplies, instruments and devices of every\nnature whatsoever used or useful for aviation and transportation\npurposes or for the generation or transmission of motive power including\nbut not limited to all power houses, and all apparatus and all devices\nfor navigation, security, safety, signalling, communications and\nventilation as may be necessary, convenient or desirable for the\noperation of aviation facilities and pollution control facilities.\n 10. "Facility" shall mean, among other things, such properties,\nstructures, appurtenances, utilities, terminals, railroad trackage,\nwarehouses, elevators and such other works, properties, buildings or\nallied items necessary or desirable in connection with development,\noperation, maintenance or improvement of airport and public\ntransportation needs and for the accommodation, safety, security or\ncomfort of the public and of commercial enterprise.\n 11. "Federal government" shall mean the United States of America, and\nany department, board, commission, bureau, division, corporation, agency\nor instrumentality thereof.\n 12. "Joint service arrangement" shall mean agreements between or among\nthe authority and any person, the state, the county, any other public\ncorporation, the federal government, any other state or agency or\ninstrumentality thereof, relating to property, buildings, structures,\nfacilities, services, rates, fares, classification, divisions,\nallowances or charges (including charges between operators of railroad,\nomnibus and aviation facilities), or rules or regulations pertaining\nthereto, for or in connection with or incidental to transportation in\npart in or upon railroad, omnibus or aviation facilities located within\nthe county and in part in or upon railroad, omnibus or aviation\nfacilities located outside the county.\n 13. "Municipality" shall mean a county, city, town, village or school\ndistrict.\n 14. "Person" shall mean any natural person, firm, partnership,\nassociation, joint venture or corporation, exclusive of a public\ncorporation.\n 15. "Personal property" shall mean chattels and other tangible things\nof a movable or removable nature.\n 16. "Pollution control facilities" shall mean any equipment,\nimprovement, structure or facility or any land and any building,\nstructure, facility or other improvement thereon, or any combination\nthereof, and all property deemed necessary therewith, which if within\nany city are not of a character or nature then or formerly furnished or\nsupplied by the city, having to do with or the end purpose of which is\nthe control, abatement or prevention of land, sewer, water, air, noise\nor general environmental pollution deriving from the operation of\naviation facilities, including, but not limited to any air pollution\ncontrol facility, noise abatement or suppression facility (including\nphysical barriers, landscaping and sound proofing for the purpose of\ndiminishing the effect of aircraft noise on any area adjacent to an\nairport), water management facility, waste water collecting system,\nwaste water treatment works, sewage treatment works system, or sewage\ntreatment system or site.\n 17. "Property" shall mean both real and personal property.\n 18. "Project" shall mean any property or improvements located within\nthe state of New York and within or outside or partially within and\npartially outside Monroe county, including, but not limited to,\nmachinery, equipment and other facilities deemed necessary or desirable\nin connection therewith, or incidental thereto, whether or not now in\nexistence or under construction, which shall be necessary or suitable\nfor aviation purposes and airport development and which may include or\nmean aviation facilities and pollution control facilities; provided,\nhowever, the authority shall not use its funds in respect of any part of\na project located wholly or partially outside the county without the\nprior consent thereto by the governing body of any other county in which\na part or parts of the project is, or is to be located. It shall also\nmean any property necessary to remove, mitigate, prevent or limit\nairport hazards.\n 19. "Public corporation" shall mean a county, city, town, village,\nschool district or special district, any public benefit corporation,\nagency or instrumentality of the state or of any municipality, or two or\nmore of any of the foregoing acting jointly.\n 20. "Real property" shall mean lands, structures, franchises and\ninterests in land, airspace, waters, lands under water, riparian rights,\nair rights, any fixtures, equipment and articles of personal property\naffixed to or used in connection therewith, and any and all things and\nrights included within said term and includes not only fees simple\nabsolute but also any and all lesser interests including but not limited\nto easements, rights of way, uses, leases, licenses and all other\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms for years and liens thereon by way of\njudgments, mortgages, or otherwise.\n 21. "Revenues" shall mean all rates, fees, rents, revenues, charges\nand other income derived by the authority from the operation, leasing,\nsale or other disposition of a project or projects.\n 22. "State" shall mean the state of New York.\n