(1) No person shall construct, expand, or operate a Class A marina servicing the waters of Lake George, or alter or expand the number or type of services or recreational activities offered without obtaining a permit from the commission, or if a permit has been issued for the subject facility, a modification to the permit for that facility which authorizes the new or expanded services or recreational uses. Permits shall be issued for a maximum of five years.

(2) No permit shall be issued for the construction, operation or expansion of a quick launch facility which was not in existence and operating, or for which no permit was issued, prior to the effective date of these regulations.

(3) Permits issued pursuant to paragraph (1) of this subdivision may be issued only to the owner of the facility or in the alternative to a lessee of the facility and shall authorize activities and uses at that facility. A permit may not be relocated to other facilities unless a permit for the different facility has been issued by the commission. Marina permits will be modified to reflect a sale or transfer of the facility to another owner subject to a determination by the commission that the facility is in accordance with the requirements of this Subpart and permits issued in accordance with this Subpart. Lakefront marina facilities at separate locations under common ownership shall require separate permits pursuant to paragraph (1) of this subdivision.

(4) Special Permits.

A special permit is a permit granted, by the Commission to operate any new recreational activity as defined in section 646-2.3(a)(1) of this Part or the recreational activities or uses contained in section 646-1.4 of this Subpart. Special permits are not transferrable to another location and shall not be leased or transferred to another location, facility or operator.

(1) Restrooms, including toilet facilities, for the use by customers, which shall be available at all times from May 1st to October 31st of each year.

(2) One on-site parking space or adequate off-site parking for each vessel berthed. Where the Class A marina offers rides, instruction or water-based recreation for a fee, adequate parking must be provided for customers of the Class A marina.

(3) An adequate storage area for trailers or the storage of trailers shall be prohibited.

(4) Where applicable, proof of compliance with New York State fire code standards and DEC bulk storage standards for the storage of gasoline and hazardous materials. If applicable, no permit application shall be complete until proof of compliance is submitted to the commission.

(5) For each Class A marina with a petroleum sales facility, a plan relative to the inspection and maintenance of petroleum storage facilities and all associated equipment, and appropriate measures relative to spill prevention and countermeasures. Such plan shall include:

(6) Adequate garbage and debris disposal facilities with leakproof containers, which must be properly maintained.

(7) Facilities for the disposal of sanitary wastes from vessels with on-board sanitary equipment including:

(8) A boat cleaning area that is designed, operated and maintained in such a manner to prevent contamination of the waters of the park shall be provided, or boat cleaning shall be prohibited.

(9) All Class A marina owners or operators engaged in the rental of personal watercraft (PWC) as that term is defined in section 646-2.3(a)(3) of this Part upon the waters of Lake George shall in addition to the regulations governing PWC contained in Subpart 646-2 of this Part comply with the following regulations: