§ 7-03 [Concessions That are not Major Concessions.]
RCNY § 7-03
Notwithstanding any other provision of these rules the following shall not be considered major concessions unless an EIS is required: (a) A concession for any use which will be operated for 30 days or less; (b) A concession which is or directly furthers an active recreational use and would be available to the general public on a non-discriminatory basis, with or without a fee, including but not limited to the following: (1) a seasonal covering of recreational facilities, (2) a carousel, or (3) a use intended for active participation sports including playing fields or sports courts (e.g., tennis, volleyball, handball, softball), skating rinks, playgrounds, and practice facilities (e.g., batting cages, golf driving ranges, miniature golf); provided that the area occupied by such recreational use does not exceed both 15 acres and 50 percent of a separate parcel of land; (c) Reuse of former amusement park lands for amusement or recreational purposes; (d) Any renewal, reissuance, extension, amendment of an existing concession or issuance of a new concession which continues a currently existing use or which permits a use which existed lawfully on the property at any point in the preceding two years, whether operated by a private or public entity, provided that any extension or amendment or the cumulative effect of any amendments or extensions made over any five year period does not include modifications which when added to the existing concession, cause any threshold of 62 RCNY § 7-02 to be exceeded and increase the size of an existing concession by ten percent or more; (e) A concession for which authorization to use a different procedure was granted or obtained, or which is operated under an agreement executed, prior to the effective date of this major concession rule; (f) A concession for lines, cables, conduits or underground pipes not used for the transport of people; (g) A concession on wharf property or waterfront property primarily for purposes of "waterfront commerce" or in "furtherance of navigation" as such terms are defined in the New York City Charter; (h) A concession on wharf property for purposes other than "waterfront commerce" or in "furtherance of navigation" which is granted pursuant to Section 1301.2(h) of the Charter; or (i) A concession for an open air market which operates two (2) or fewer days per week, or, if a green market, three (3) or fewer days per week.
