HomeMy WebLinkAboutSpecial Events (2)#10882
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for ~ week(s), successfully commencing on the 4th
day of October, 2012.
/ Principal Clerk
Sworn to before me this
LEGAL NOTICE
CANCELLATION of
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, thc
public hearing scheduled for October
9, 2012 for the proposed Local Law
entitled "A Loead Law in relation to
Amendments to Chapter 205, Public
Entertainment and Specinl Events" has
been C_ ~ANCELLED
Dated: October 1, 2012
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
10.882-1T 10/4
NOTARY PUBLIC-STATE OF NEW YORK
No, 01V0610§050
Qualified In Suffolk County
My Commission Expires February 28. 2016
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM g. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH II1
MART1N H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
iV[AILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
RECEIVED
OCT ~ 2012
To:
From:
Date:
Re:
Elizabeth A. Neville, Town Clerk
Donald J. Wilcenski, Chairman~L0 ~(
October 3, 2012
Resolution Number 2012-"697: "A Local Law in Relation to
Amendments to Chapter 205, Public Entertainment and Special
Events of the Code of the Town of Southold.
Southold Town Clerk
Thank you for the opportunity to provide comments on the proposed
amendments to the Town Code referenced above.
The Planning Board has reviewed the proposed amendments and supports the
adoption of this legislation.
CC;
Scott Russell, Town Supervisor
Members of the Town Board
Town Attorney
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
LINDA J. COOPER, Deputy ,T.~n Clerk of the Town of Southold, New York being
duly sworn, says that on the ,/ day ofc~F' .fi-' ,2012, she affixed a notice of
which the annexed printed notice is a true copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: Special Events PH cancellation
Swp~n before m~3j~[
~ day of _(~?Jd~.~C~,., 2012.
BONNIEI. DOROSKI
~ola~ Fubtic, State Of New Yo~
[!o 0~D06095328, Suffolk Coun~
krm [xpires]ulyT, 20 ~
l~ind'a ). Co~'per '
Deputy To~vn Clerk
Page I of l
Cooper, Linda
From: Candice Schott [cschott@timesreview.com]
Sent: Monday, October 01, 2012 1:20 PM
To: Cooper, Linda
Subject: RE: Legal Notice PH Spec Events CANCELLED
Hi Linda,
I have received the notice and we are good to go!
Candice ~
From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us]
Sent: Monday, October 01, 2012 12:59 PM
To: tr-legals
Subject: Legal Notice PH Spec Events CANCELLED
Please confirm receipt of this legal notice for the 10/6 edition of the Suffolk Times.
Thank you!ti!
Icoop
10/1/2012
LEGAL NOTICE
CANCELLATION of PUBLIC HEARING
NOTICE IS HEREBY GIVEN, the public hearing scheduled for October 9, 2012 for
the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter
205, Public Entertainment and Special Events" has been CANCELLED
Dated: October 1, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
Please publish on October 6, 2012 and forward one affidavit of publication to Elizabeth
A. Neville, Town Clerk, P O Box 1179, Southold NY 11971
Copies to:
Suflblk Times Town Board
Building Dept Web Site
ZBA
Town Attorney
Town Clerk Bulletin Board
Steven Bellone
Department of
Economic l)evelopment and Planning
Joanne Minieri
Deputy Couuly Executive anti Commissioner
RECEIVED
Southold Town Clerk
Division nf Planning
and Environment
September 24, 2012
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Attu: Elizabeth A. Neville, Clerk
Applicant:
Zoning Action:
I,ocal I,aw No.:
Public I learing [)ate:
S.C.P.D. File No.:
Town of Southold
Ameudment: Chapter 205, "Public Eulcrtainmeut
And Special Evcnts"
2012-697
8/9/12
SD-12-LD
Dear Clerk NevilIc:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Admiuistmtivc Code,
the above referenced application which has been sDbmitted to the Suffolk County Planning Commission
is considered to be a matter tbr local determiuation as there is no apparent significant couuty-wide or
iuter-community impact. A decisiou of local determination should not be construed as either an approval
tlr disapproval.
APF:mc
Very truly yours,
Sarah Lansdale
H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6i00 · HAUPPAUGE, NY 11788-0099 · (631) 853-5151
#10863
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successfully commencing on the 6th
27th day of September, 2012. --
Principal Clerk
Sworn to before me this
2012.
LEGAL NOTICE-
NOTICE OF PUBLIC HEARING
NOTICE i$ HEREBY GIVEN, there
has been presented to the Town Board
of the Town of Southold, Suffolk County,
New York, on the llth day of Septem-
her, 2012, a Local Law entitled "A
~to A_gu~dmenks Lo
~3~mter 205 Publ/ Ent ' ent ~
to Amen~dments to Cha 1er 205 ~s~
Town Board.
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01V06105050
Qualified In Suffolk County
My Cornrnbslon Expires Februoly 28, 2016
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 11th day of September, 2012, a
Local Law entitled "A Local Law in relation to Amendments to Chapter 205~ Public
Entertainment and Special Events" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southo!d will hold a pnb!ic hearing on the aforesaid l.ocal Law at the Southold Town
lqall, 53095 Main Road, Southold, New York, on the 9th day of October, 2012 at 4:32
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to
Chapter 205~ Public Entertainment and Special Events" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~
Public Entertainment and Special Events".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intent of this Article to establish procedures and requirements for conducting
special events in the Town of Southold to preserve the public peace, good order, the
integrity of the use regulations established under the Zoning Code, to properly provide
for the health, safety and welfare of the general public and to provide penalties for
violations of the provisions herein.
Il. Chapter 205 of the Code of the Town of Southold is hereby amended as follows:
O)
(2)
.................................... ~ ......... r ..................... v ...... all
........ 500.
§205-1. Definitions.
SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition,
amusement or activity with expected attendance that at any time exceeds the lawful
occupancy of the public area of the building, the parking capacity of the site or that is not
currently a permitted use of the property in the applicable zone, that is conducted or
sponsored by a person, organization, entity or association, including but not limited to,
carnivals, circuses, thirs, bazaars, outdoor shows and concerts, parades, walks, runs,
marathons, bicycle races or motorcycle rallies, and which involves one or more of the
following:
(2)
(4)
(5)
(6)
(7)
(8)
(9)
The closing of a public street.
The use, blocking or restriction of Town property, roads or rights of way;
The use of amplified sound exceeding the standards set forth in Chapter
180 of the Town Code.
The sale of merchandise that is not ordinarily sold in the normal course of
the applicant's business.
The sale or service of food to the public.
The substantial increase or disruption of the normal flow of traffic on any
street or highway.
The placement of portable toilets.
The placement of temporary no-parking or directional signs or banners.
The use of any Town services that would not be necessary in the absence
of such an event.
§205-2. Permit required.
To preserve public peace, good order and the health safety and welfare of the residents of
the Town of Southold, special events shall be prohibited in the Town of Southold, unless
a special event permit is obtained in accordance with the requirements set forth in this
Chapter. The provisions of this Article shall not apply to:
Any event held on property owned by any special district that is contained on site
and has adequate parking, ingress, egress, traffic control and sanitary facilities to
host such an event[
Any event held on property owned by a not-for profit for its own fundraising that
is contained on site and has adequate parking, ingress, egress, traffic control and
sanitary facilities to host such an event;
Occasional events on private residential properties hosted by the owner thereof to
celebrate family events, holidays, charitable or other not for profit fundraisers,
however, any use of residential property for profit, such as a venue for weddings
or other events is prohibited.
§205-3. Application Requirements.
The following information and materials are to be submitted with an application for a
special event permit. The Zoning Board of Appeals office may accept a single application
for a recurring event or a series of similar events (not to exceed 6 in a 3 month period)
that are of like size and scope.
A completed Special Event Application Form which includes the following
information:
(2)
(3)
(4)
Name, address and telephone number(s) of the person(s) who will be
organizing the event and who can be contacted prior to and during the
event by Town officials.
The address of the event location.
Proposed dates and hours of the special event, including set up and
shutdown times.
Expected maximum number of persons intended to use the property at one
time and collectively, including organizers, employees, vendors,
exhibitors and spectators/participants.
Expected numbers of automobiles and other vehicles intended to use the
(6)
(7)
(8)
property at one time and collectively.
The name, address and telephone number of the person(s) who will be
engaged in the preparation and/or sale of food, alcohol, beer and a copy of
the State Liquor Authority License and County Department of Health
Services Permit number for the activity.
Name and address and cellular telephone number of any security company
which will work on the premises, and a description of the duties to be
performed.
The dimensions of any tents to be utilized for the event. All tents erected
(9)
(10)
in connection with an event will require an application to and the approval
of the Building Department.
Certification that the property where the event is to take place is not
subiect to any covenant or restriction limiting its use, or if the use is
restricted by easement or otherwise, a copy of a survey or diagram
depicting the easement area and any reserved area where development
rights are intact.
The applicant must provide a certificate of general liability insurance
naming the Town of Southold as an additional insured with limits of ?
million dollars per occurrence or such other limit as may be required by
the Town Board.
An application fee in the following amounts for each event:
(1)
(2)
$150.00 for events that exceed the parking capacity of the site and/or that
are not a permitted use of the property or for events where the expected
attendance exceeds the lawful occupancy by up to 250 attendees.
$250.00 for events where the expected attendance exceeds the lawful
occupancy by 251 to 500 attendees.
(3)
(4)
(5)
(6)
$350.00 for events where the expected attendance exceeds the lawful
occupancy by 501 to 749 attendees.
$450.00 for events where the expected attendance exceeds the lawful
occupancy by 750 to 999 attendees.
$550.00 for events where the expected attendance exceeds the lawful
occupancy by 1,000 or more attendees.
Applications that are submitted less than sixty (60) days prior to the
proposed event may be rejected or subject to a late processing fee of
$250.00.
A general description of the proposed event including:
(1)
(2)
The purpose of the event and description of the nature of the activities to
be carried on and the admission fee to be charged, if any.
Names of groups, organizations, charities or individuals who shall benefit
from the proceeds of the event.
A parking/event plan showing:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
The size of the property and its location in relation to abutting streets or
highways.
The size and location of any existing building(s) or structure(s) that will be
in operation during the course of the event and any proposed building,
structure or signs to be erected temporarily for the event.
The location of the stage or tents, if any.
The designated areas of use for spectators, exhibitors, vendors, employees
and organizers.
Location of all exits.
The location of all fire extinguishers and other fire safety equipment.
The location of all temporary utilities to be installed fbr the event, if any.
The layout of any parking area for automobiles and other vehicles and the
means of ingress and egress for such parking areas, The parking spaces
must allow for 300 sq. ft. per car.
A traffic control plan for vehicles entering and leaving the site for the
proposed event.
Plan for the use of live outdoor music, loudspeakers and other sounds
which will be used, if any, and the type and location of speakers and other
audio equipment.
A description of emergency access and facilities related to the event.
Provisions to dispose of any garbage, trash, rubbish or other refuse.
Location and description of any additional lighting to be utilized in
conjunction with the event.
Location of sanitary facilities on site.
A description of any signage to be displayed adjacent to a Town, County or State
road, including size, location and dates of display.
ZBA Chairperson may require the applicant to send and provide certification that
written notice was sent to every property owner abutting or adjacent to the
property where the event is to be held, as shown on the current Town of Southold
assessment roll, and directly opposite (by extension of the lot lines through a
street or right~of-way) of the property that is the subject of the application. Said
notice shall include the date, time and location of the proposed special event.
Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals,
upon request by an applicant, may waive in whole or in part. any of the foregoi_n.g
application requirements upon a finding that said requirements are not necessary
for proper consideration ora permit application in accordance with the standards
set forth in Section 205-4(E)(1)416) or for the protection of health safety and
welfare. The Chairperson's determination of any waiver request shall be in
writing to the applicant and shall specify the reason for the grant or denial. Ifa
waiver is granted, the Chairperson may attach appropriate conditions to protect
the public interest.
.~205,4. Am)lieation review procedure and standards.
All applications for a special event permit must be submitted at least sixty (60)
days prior to a proposed event to the Zoning Board of Appeals office. Any
applications that are incomplete may not be accepted or processed.
When the Chairperson of the Zoning Board of Appeals determines said
application is complete, the Chairperson shall distribute said application and
documentation to any Town, County or State agencies that may have jurisdiction
over the event for their review and comment on any of the criteria set forth in
§205-4(E) of this Article. Such referrals may include the Police Department, thc
Planning Department, the Building Department, the Land Preservation
Department, the Code Enforcement Department, Fire Safety Inspector, Tax
Assessors and Town Attorney.
Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall
determine whether to require revisions to the proposed event application.
If no revisions are required or, upon the submission of a revised application, thc
Chairperson of the Zoning Board of Appeals may deny or approve the application
with conditions.
In determining whether to grant a special event permit, the Chairperson of the
Zoning Board of Appeals shall consider the following:
£1) The size and capacity of the site to accommodate the proposed event.
(2) The facilities available.
(3) The availability of highway and other means of transportation to and from
the site.
(4) Impact of the event on the safe and orderly movement of traffic within and
contiguous to the event.
(5) Need for the Town to police such event, and whether the numbers of
police officers assigned to properly police such event will prevent the
Town from providing adequate police protection to the remainder of the
Town.
(6) Impact of the event on fire and police protection and ambulance service to
the areas contiguous to the event and to the Town in general.
(7) Impact of the event on the movement of fire-fighting equipment or
ambulance service to the Town or to areas contiguous to the event.
(8) Impacts on adjacent property owners and the surrounding neighborhood.
(9) Whether the owner, applicant or event sponsor has violated a previously
issued special event permit.
(10) Verification that there are no outstanding violations on the property at
which the event will be held or any outstanding or unsatisfied conditions
ora Town agency approval, including but not limited to, those of the
Planning Board or the Zoning Board of Appeals.
(11) Verification that the grant of the permit will not violate any existing
covenants or easements on the property.
(12) Whether a permit has been granted for a prior event that was the same or
substantially similar in size and scope to the event applied for and/or
resulted in the impacts defined in subparagraphs (4), (5), (6),(7) and (8)
above.
(13) Whether the frequency of prior or proposed special events on the site
constitutes a change or intensification of the permitted use of the property
necessitating a use variance or further site plan review.
(14) If two or more events with an expected attendance of more than 1,000
people are scheduled for the same date and are within a half mile radius of
each other, the Chairperson of the Zoning Board of Appeals will
determine if there are adequate resources for the events. If there are not
sufficient resources to ensure public health and safety, the Chairperson of
the Zoning Board of Appeals shall deny one or more permits if the
impacts of the events cannot be mitigated. When deciding which event to
deny, the Chairperson of the Zoning Board of Appeals shall consider the
following:
(i) Whether the event is recurring.
(ii) Whether the site has been subject to a violation within the last
three years.
(iii) The date the permit application was submitted.
(iv) If events occurred the prior calendar year, the Chairperson of the
Zoning Board of Appeals shall consider what their impact was on
that area of the Town.
(v)
Whether the event will yield a donation to one or more local
charities.
(15) If an applicant is requesting a special event permit that was held the
previous year, the verification must be submitted from those charities
listed on the previous application.
(16) Any other matters that relate to the health, safety and welfare of the
general public.
A deposit shall be made in an amount to be determined prior to issuance of the
permit based upon the estimated direct costs attributable to additional police and
highway costs associated with the event. After the event, the deposit will be used
to cover such costs and any monies remaining will be returned to the applicant.
A special event permit is not transferrable and shall expire at the close of the
event(s) for which it is issued.
The special event permit issued hereunder shall be displayed on the premises
during the special event and shall be available for inspection by a police officer or
other enforcement officer of the Town upon request
Applications for tent permits required for any event must be submitted directly to
the Building Department.
205-5. Appeal from denial of a special event permit.
An applicant who is denied a permit by the Chairperson of the Zoning Board of
Appeals may apply to the Town Board for reconsideration of the application by
filing an appeal with the Town Clerk within 10 days of the date of the denial. A
complete copy of the application submitted to the Office of the Zoning Board of
Appeals shall accompany the request for reconsideration. The Town Board may,
following a public hearing, affirm or reverse the determination of the Chairperson
subject to any conditions deemed appropriate under the circumstances.
205-6. Events held on Town lands.
Any event held on property owned, leased or controlled by the Town or any event
where the expected attendance exceeds 1,000 people shall be subject to approval
by resolution of a majority the Town Board followinR the submission of an
application to the Town Clerk sixty (60) days prior to the proposed event. In
reviewing applications for such events, the Town Board may consider the
following additional criteria in addition to the criteria set forth in Section 205
4(E) above:
(l) The size of the premises in relation to the number of people attending the
event.
(2)
(3)
(4)
(6~
The sufficiency of arrangements made to control traffic, parking, noise,
lighting and refuse.
The iYequency of events proposed or approved for the premises and
whether the frequency is so great that the events constitute a persistent
usage of the property incompatible with its character or with that of the
surrounding area.
Conflicts with ordinary public use of the land, roads or facilities involved.
Whether the applicant has been convicted for failure to comply with the
terms of this Chapter within the past three years.
Adherence to the Town Board policy of discouraging events at Town
beaches and parks from the Friday before the observance of Memorial
Day until Labor Day.
For any event that is to be held on land owned, leased or controlled by the Town
of Southold:
(1) The applicant shall pay a minimum clean up deposit of $250.
(2)
Where the Town determines that there is no specific Town benefit from
the event or that the event is conducted for profit, a deposit shall be made
in an amount to be determined prior to issuance of the permit based upon
the estimated direct costs attributable to additional police, highway and
clean up costs associated with the event. After the event, the deposit will
be used to cover such costs and any monies remaining will be returned to
the applicant.
Notwithstanding the foregoing, the Town Board upon request by an applicant,
may waive in whole or in part any of the foregoing application requirements upon
a finding that said requirements are not necessary for proper consideration of a
permit application or for the protection of health safety and welfare. The Town
Board resolution shall specify the reason for the grant or denial. Ifa waiver is
granted, the Town Board may attach appropriate conditions to protect the public
interests.
§205-7. Modification or rescission of permit.
If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town
Board determine that any of the representations and/or statements contained in the
application are materially inaccurate or any of the conditions of the permit have not been
complied with, the Town may serve the permittee's agent, a notice of rescission of
special permit specifyin~ the manner in which the permittee has not complied with the
terms of its permit and/or identifying the incorrect information supplied in the
application. The Zoning Board of Appeals Chairperson or the Town Board may, for
good cause, modify or rescind such permit, absolutely or upon conditions.
§205-8. Penalties for offenses.
It shall be unlawful for any owner, occupant or their agents or any other person to
fail to comply with any provisions of this chapter or to fail in any manner to
comply with a written notice, directive or order of the Director of Code
Enforcement, Zoning Inspector or the Southold Police Department or to conduct
any special event in a manner not in compliance with a permit issued pursuant to
this Chapter and with the provisions of this Code.
For each offense against any of the provisions of this Chapter or failure to comply
with a written notice or order of any Director of Code Enforcement, Zoning
Inspector or the Southold Police Department within the time fixed for compliance
therewith, the owner, occupant or their agents or any other person who commits,
takes part or assists in the commission of any such offense or who shall fail to
comply with a written order of the Director of Code Enforcement, Zoning
Inspector or the Southold Police Department shall be subject to the following:
(1)
(2)
Failure to obtain a permit. Any person conducting a special event that is
regulated under this Chapter without first obtaining a permit according to
the procedures outlined herein shall be subject to a fine not less than
$500.00 and not more than $1,000.00.
Failure to comply with the terms of a permit. Any person failing to
comply with the terms of a permit shall be subject to a fine of not less than
$500.00 and not more than $1,500.00. For each subsequent offense,
violator shall be guilty of a misdemeanor punishable by a fine not less
than $500.00 nor more than $5,000.00.
No new special event permits will be issued to any property owner, occupant or
their agent if they are a named defendant in an outstanding or unresolved
violation of this Chapter.
The Town may also maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction the violation of
this chapter.
111. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: September 11, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NewYork 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtownmorthfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 17, 2012
Re: Resolution Number 2012-697 "A Local Law
in relation to Amendments to Chapter 205, Public
Entertainment and Special Events"
Donald Wilcenski, Chairman
Southold Town Planning Board
54375 State Route 25
Post Office Box 1179
Southold, New York 11971
Dear Mr. Wilcenski,
The Southold Town Board at their regular meeting held on September 11, 2012 adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed local law and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing.. This proposed local
law will also be transmitted to the Suffolk County Planning Department for their review. The
date and time for this public hearing is 4:32 P.M., Tuesday, Ocotber 9, 2012. Please do not
hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosure
cc: Town Board
Town Attorney
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NewYork 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 17, 2012
Re: Resolution Number 2012-697 "A Local Law
in relation to Amendments to Chapter 205, Public
Entertainment and Special Events"
Andrew P. Freleng, Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freleng:
The Southold Town Board at their regular meeting held on September 11, 2012 adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed local law and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing.. This proposed local
law will also be transmitted to the Southold Town Planning Department for their review. The
date and time for this public hearing is 4:32 P.M., Tuesday, October 9, 2012. Please do not
hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosure
cc: Town Board
Town Attorney
~/*~;~,~ RESOLUTION 2012-698
\~,~*?:~ ADOPTED DOC ID: gl 22
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-698 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 11, 2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to
Amendments to Chapter 205~ Public Entertainment and Special Events" to the Suffolk
Count~ Planning Commission and the Southold Town Planning Board for their review and
recommendation.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER: William Ruland, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Page 1 of 1
Cooper, Linda
From: Candice Schott [cschott@timesreview.com]
Sent: Monday, September 17, 2012 11:29 AM
To: Cooper, Linda
Subject: RE: LEGAL NOTICE-PH Chapter 205 Special Permits 10-9-12
Hi Linda,
I have received the notice and we are good to §o for the 9/27 issue.
Thanks and have a §teat day!
Candice
From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us]
Sent: Monday, September 17, 2012 11:03 AM
To: tr-legals
Subject: LEGAL NOTICE-PH Chapter 205 Special Permits 10-9-12
Good Morning,
Please confirm receipt of the attached Legal Notice of Public Hearing for the September 27, 2012 edition
of the Suffolk Times,
Thank you,
Icoop
9/17/2012
Page 1 of 1
Cooper, Linda
From: Cooper~ Linda
Sent: Monday, September 17, 2012 10:23 AM
To: Reisenberg, Lloyd
Subject: Notice - PH Chapter 205 Special Events 10-9-2012
Attachments: Notice - PH Chapter 205 Special Events 10-9-2012doc
For the website.
Thank you
9/17/2012
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being
duly sworn, says that on the /7 day of ~ ,2012, she affixed a notice of
which the annexed printed notice is a true copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: PH Special Events 10-9-12
Sworn belbre m~th, is/
i'7 . day of.~ ,2012.
'Notary Pul{l.i~
BONNIEJ. DO~OS}(I
Nstary Public, State Of New York
No. 011)060~35328, Suffolk County
Term £xl~Jres July 7, 20_.{ s'
-'Lin~a J. Cp~per '
Deputy Town Clerk
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suf~blk County, New York, on the 1 Ith day of September, 2012, a
Local Law entitled "A Local Law in relation to Amendments to Chapter 205~ Public
Entertainment and Special Events" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the albresaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 9th day of October, 2012 at 4:32
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to
Chapter 205~ Public Entertainment and Special Events" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~
Public Entertainment and Special Events .
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
It is the intent of this Article to establish procedures and requirements tbr conducting
special events in the Town of Southold to preserve the public peace, good order, the
integrity of the use regulations established under the Zoning Code, to properly provide
for the health, safety and welfare of the general public and to provide penalties lbr
violations of the provisions herein.
II. Chapter 205 of the Code of the Town of Southold is hereby amended as tbllows:
accordance wkh +~' ...... ; .....+~ ~, r~.~. ~.~, ....
(2)
(1)
(2)
upo
(3)
(2)
(3)
(5)
(6)
(1)
§205-1. Definitions.
SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition,
amusement or activity with expected attendance that at any time exceeds the lawful
occupancy of the public area of the building, the parking capacity of the site or that is not
currently a permitted use of the property in the applicable zone, that is conducted or
sponsored by a person, organization, entity or associatiom including but not limited to,
carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs,
marathons, bicycle races or motorcycle rallies, and which involves one or more of the
/bllowing:
(1)
(2)
(3)
(4)
(6)
(7)
(8)
(9)
The closing of a public street.
The use, blocking or restriction of Town property, roads or rights of way;
The use of amplified sound exceeding the standards set forth in Chapter
180 of the Town Code.
The sale of merchandise that is not ordinarily sold in the normal course of
the applicant's business.
The sale or service of food to the public.
The substantial increase or disruption of the normal flow of traffic on any
street or highway.
The placement of portable toilets.
The placement of temporary no-parking or directional signs or banners.
The use of any Town services that would not be necessary in the absence
of such an event.
§205-2. Permit required.
To preserve public peace, good order and the health safety and welfare of the residents of
the Town of Southold, special events shall be prohibited in the Town of Southold, unless
a special event permit is obtained in accordance xvith the requirements set forth in this
Chapter. The provisions of this Article shall not apply to:
Any event held on property owned by any special district that is contained on site
and has adequate parking, ingress, egress, traffic control and sanitary facilities to
host such an event;
Any event held on property owned by a not-for profit for its own fundraising that
is contained on site and has adequate parking, ingress, egress, traffic control and
sanitary facilities to host such an event;
Occasional events on private residential properties hosted by the owner thereof to
celebrate family events, holidays, charitable or other not for profit fundraisers,
however, any use of residential property tbr profit, such as a venue lbr weddings
or other events is prohibited.
§205-3. Application Requirements.
The following information and materials are to be submitted with an application for a
special event permit. The Zoning Board of Appeals office may accept a single application
for a recurring event or a series of similar events (not to exceed 6 in a 3 month period)
that are of like size and scope.
A completed Special Event Application Form which includes the following
information:
(~)
(4)
(5)
Name, address and telephone number(s) of the person(s) who will be
organizing the event and who can be contacted prior to and during the
event by Town officials.
The address of the event location.
Proposed dates and hours of the special event, including set up and
shutdown times.
Expected maximum number of persons intended to use the property at one
time and collectively, including organizers, employees, vendors,
exhibitors and spectators/participants.
Expected numbers of automobiles and other vehicles intended to use the
(6)
(8)
property at one time and collectively.
The name, address and telephone number of the person(s) who will be
engaged in the preparation and/or sale of ibod~ alcohol, beer and a copy of
the State Liquor Authority License and County Department of Health
Services Permit number tbr the activity.
Name and address and cellular telephone number of any security company
which xvill work on the premises, and a description of the duties to be
peflbrmed.
The dimensions of any tents to be utilized for the event. All tents erected
(9)
(10)
in connection with an event will require an application to and the approval
of the Building Department.
Certification that the property where the event is to take place is not
subiect to any covenant or restriction limiting its use, or if the use is
restricted by easement or otherwise, a copy of a survey or diagram
depicting the easement area and any reserved area where development
rights are intact.
The applicant must provide a certificate of general liability insurance
naming the Town of Southold as an additional insured with limits of 2
million dollars per occurrence or such other limit as may be required by
the Town Board.
An application fee in the following amounts for each event:
(1)
(2)
$150.00 for events that exceed the parking capacity of the site and/or that
are not a permitted use of the property or for events where the expected
attendance exceeds the lawful occupancy by up to 250 attendees.
$250.00 lbr events where the expected attendance exceeds the lawful
occupancy by 251 to 500 attendees.
(3)
(4)
(5)
(6)
$350.00 for events where the expected attendance exceeds the lawful
occupancy by 501 to 749 attendees.
$450.00 for events where the expected attendance exceeds the lawful
occupancy by 750 to 999 attendees.
$550.00 tbr events where the expected attendance exceeds the lawful
occupancy by 1,000 or more attendees.
Applications that are submitted less than sixty (60) days prior to the
proposed event may be rejected or subject to a late processing fee of
$250.00.
A general description of the proposed event including:
(1)
(2)
The purpose of the event and description of the nature of the activities to
be carried on and the admission f~e to be charged, if any.
Names of groups, organizations, charities or individuals who shall benefit
t¥om the proceeds of the event.
A parking/event plan showing:
(3)
(4)
(5)
{6)
(7)
(8)
(9)
(10)
(11)
02)
03)
(14)
The size of the property and its location in relation to abutting streets or
highways.
The size and location of any existing building(s) or structure(s) that will be
in operation during the course of the event and any proposed building,
structure or signs to be erected temporarily for the event.
The location of the stage or tents, if any.
The designated areas of use for spectators, exhibitors, vendors, employees
and organizers.
Location of all exits.
The location of all fire extinguishers and other fire safety equipment.
The location of all temporary utilities to be installed for the event, if any.
The layout of any parking area fbr automobiles and other vehicles and the
means of ingress and egress tbr such parking areas. The parking spaces
must allow for 300 sq. ft. per car.
A traffic control plan tbr vehicles entering and leaving the site for the
proposed event.
Plan tbr the use of live outdoor music, loudspeakers and other sounds
which will be used, if any, and the type and location of speakers and other
audio equipment.
A description of emergency access and facilities related to the event.
Provisions to dispose of any garbage, trash, rubbish or other refuse.
Location and description of any additional lighting to be utilized in
conjunction with the event.
Location of sanitary facilities on site.
A description of any signage to be displayed adjacent to a Town, County or State
road, including size, location and dates of display.
ZBA Chairperson may require the applicant to send and provide certification that
written notice was sent to every property owner abutting or adiacent to the
property where the event is to be held, as shown on the current Town of Southold
assessment roll, and directly opposite (by extension of the lot lines through a
street or right-of-wa,/) of the property that is the subiect of the application. Said
notice shall include the date, time and location of the proposed special event.
Notwithstanding the tbregoing, the Chairperson of the Zoning Board of Appeals,
upon request by an applicant, may waive in whole or in part any of the foregoing
application requirements upon a finding that said requirements are not necessary
for proper consideration of a permit application in accordance with the standards
set tbrth in Section 205-4(E)(1)-(16) or tbr the protection of health safety and
welfare. The Chairperson's determination of any waiver request shall be in
writing to the applicant and shall specify the reason for the grant or denial. If a
waiver is granted, the Chairperson may attach appropriate conditions to protect
the public interest.
§205-4. Application review procedure and standards.
All applications for a special event permit must be submitted at least sixty (60)
days prior to a proposed event to the Zoning Board of Appeals office. Any
applications that are incomplete may not be accepted or processed.
When the Chairperson of the Zoning Board of Appeals determines said
application is complete, the Chairperson shall distribute said application and
documentation to an,/Town, Count,/or State agencies that may have iurisdiction
over the event for their review and comment on any of the criteria set fbrth in
{205-4(E) of this Article. Such referrals may include the Police Department, the
Plmming Department, the Building Department, the Land Preservation
Department, the Code Entbrcement Department, Fire Safety Inspector, Tax
Assessors and Toxvn Attorney.
Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall
determine whether to require revisions to the proposed event application.
Ii' no revisions are required or, upon the submission of a revised application, the
Chairperson of the Zoning Board of Appeals may deny or approve the application
~vith conditions.
In determining whether to grant a special event permit, the Chairperson of the
Zoning Board of Appeals shall consider the folloxving:
(1) The size and capacity of the sitc to accommodate the proposed event.
(2) The facilities available.
(3) The availability of highway and other means of transportation to and from
the site.
(4) Impact of the event on the safe and orderly movement of traffic within and
contiguous to the event.
(5) Need for the Town to police such event, and whether the numbers of
police officers assigned to properly police such event will prevent the
Town from providing adequate police protection to the remainder of the
Town.
(6) Impact of the event on fire and police protection and ambulance service to
the areas contiguous to the event and to the Town in general.
(7) Impact of the event on the movement of fire-fighting equipment or
ambulance service to the Town or to areas contiguous to the event.
(8) Impacts on adjacent property owners and the surrounding neighborhood.
(9) Whether the owner, applicant or event sponsor has violated a previously
issued special event permit.
(10) Verification that there are no outstanding violations on the property at
which the event will be held or any outstanding or unsatisfied conditions
of a Town agency approval, including but not limited to, those of the
Planning Board or the Zoning Board of Appeals.
(11) Verification that the grant of the permit will not violate any existing
covenants or easements on the property.
(12) Whether a permit has been granted for a prior event that was the same or
substantially similar in size and scope to the event applied for and/or
resulted in the impacts defined in subparagraphs (4), (5), (6),(7) and (8)
above.
(13) Whether the tYequency of prior or proposed special events on the site
constitutes a change or intensification of the permitted use of the property
necessitating a use variance or further site plan review.
(14) If two or more events with an expected attendance of more than 1,000
people are scheduled for the same date and are within a half mile radius of
each other, the Chairperson of the Zoning Board of Appeals will
determine if there are adequate resources for the events. If there are not
sufficient resources to ensure public health and safety, the Chairperson of
the Zoning Board of Appeals shall deny one or more permits if the
impacts of the events cannot be mitigated. When deciding which event to
deny, the Chairperson of the Zoning Board of Appeals shall consider the
folloxving:
(i)
(ii)
Whether the event is recurring.
Whether the site has been subiect to a violation within the last
(iii)
(iv)
three years.
The date the permit application was submitted.
If events occurred the prior calendar year, the Chairperson of the
Zoning Board of Appeals shall consider what their impact was on
that area of the Town.
(v) Whether the event will yield a donation to one or more local
charities.
(15)
(16)
If an applicant is requesting a special event permit that was held the
previous ,/ear, the verification must be submitted from those charities
listed on thc previous application.
Any other matters that relate to the health, safety and welfare of the
general public.
A deposit shall be made in an amount to be determined prior to issuance of the
permit based upon the estimated direct costs attributable to additional police and
highway costs associated with the event. After the event, the deposit will be used
to cover such costs and any monies remaining will be returned to the applicant.
A special event permit is not transferrable and shall expire at the close of the
event(s) for which it is issued.
The special event permit issued hereunder shall be displayed on the premises
during the special event and shall be available for inspection by a police officer or
other enforcement officer of the Town upon request.
Applications lbr tent permits required for any event must be submitted directly to
the Building Department.
205-5. Appeal from denial of a special event permit.
An applicant who is denied a permit by the Chairperson of the Zoning Board of
Appeals may apply to the Town Board for reconsideration of the application by
filing an appeal with the Town Clerk within 10 days of the date of the denial. A
complete copy of the application submitted to the Office of the Zoning Board of
Appeals shall accompany the request for reconsideration. The Town Board may,
following a public hearing, affirm or reverse the determination of the Chairperson
subject to any conditions deemed appropriate under the circumstances.
205-6. Events held on Town lands.
Any event held on property owned, leased or controlled by the Town or any event
where the expected attendance exceeds 1,000 people shall be subject to approval
by resolution of a majority the Town Board tbllowing the submission of an
application to the Town Clerk sixty (60) days prior to the proposed event. In
reviewing applications lbr such events, the Town Board may consider the
lbllowing additional criteria in addition to the criteria set forth in Section 205-
4(E) above:
(1) The size ofthe premisesin relmiontothe number ofpeople attending the
event.
(2)
(3)
(4)
(5)
(6)
The sufficiency of arrangements made to control traffic, parking, noise,
lighting and refuse.
The frequency of events proposed or approved for the premises and
whether the frequency is so great that the events constitute a persistent
usage of the property incompatible with its character or with that of the
surrounding area.
Conflicts with ordinary public use of the land, roads or facilities involved.
Whether the applicant has been convicted for failure to comply with the
terms of this Chapter within the past three years.
Adherence to the Town Board policy of discouraging events at Town
beaches and parks from the Friday before the observance of Memorial
Day until Labor Day.
For any event that is to be held on land owned, leased or controlled by the Town
of Southold:
(1) The applicant shall pay a minimum clean up deposit of $250.
(2)
Where the Town determines that there is no specific Town benefit from
the event or that the event is conducted lbr profit, a deposit shall be made
in an amount to be determined prior to issuance of the permit based upon
the estimated direct costs attributable to additional police, highway and
clean up costs associated with the event. After the event, the deposit will
be used to cover such costs and any monies remaining will be returned to
the applicant.
Notwithstanding the foregoing, the Town Board upon request by an applicant,
may waive in whole or in part any of the foregoing application requirements upon
a finding that said requirements are not necessary for proper consideration of a
permit application or for the protection of health safety and welfare. The Town
Board resolution shall specify the reason for the grant or denial. Ifa waiver is
granted, the Town Board may attach appropriate conditions to protect the public
interests~
§205-7. Modification or rescission of permit.
If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town
Board determine that any of the representations and/or statements contained in the
application are materially inaccurate or any of the conditions of the permit have not been
complied with, the Town ma,/serve the permittee's agent, a notice of rescission of
special permit specifying the manner in which the permittee has not complied with the
terms of its permit and/or identifying the incorrect information supplied in the
application. The Zoning Board of Appeals Chairperson or the Town Board may, for
good cause, modify or rescind such permit, absolutely or upon conditions.
§205-8. Penalties for offenses.
It shall be unlawful tbr any owner, occupant or their agents or any other person to
fail to comply with any provisions of this chapter or to fail in an,/manner to
comply with a written notice, directive or order of the Director of Code
En/brcement, Zoning Inspector or the Southold Police Department or to conduct
any special event in a manner not in compliance with a permit issued pursuant to
this Chapter and with the provisions of this Code.
For each offense against an,/of the provisions of this Chapter or failure to comply
with a written notice or order of an,/Director of Code Enforcement, Zoning
Inspector or the Southold Police Department within the time fixed for compliance
therewith, the owner, occupant or their agents or an,/other person who commits,
takes part or assists in the commission of an`/such offense or who shall thil to
comply with a written order of the Director of Code Enforcement, Zoning
Inspector or the Sonthold Police Department shall be subject to the following:
(1)
(2)
Failure to obtain a permit. Any person conducting a special event that is
regulated under this Chapter without first obtaining a permit according to
the procedures outlined herein shall be subiect to a fine not less than
$500.00 and not more than $1,000.00.
Failure to compl,/with the terms ora permit. An,/person failing to
compl,/with the terms of a permit shall be subject to a fine of not less than
$500.00 and not more than $1,500.00. For each subsequent offense,
violator shall be guilt,/of a misdemeanor punishable by a fine not less
than $500.00 nor more than $5,000.00.
No new special event permits will be issued to an,/property owner, occupant or
their agent if they are a named defendant in an outstanding or unresolved
violation of this Chapter.
The Town may also maintain an action or proceeding in a court of competent
iurisdiction to compel compliance with or to restrain by iniunction the violation of
this chapter.
IlL SEVERABILITY
If any clause, sentcnce, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: September 11, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
Posted on website and TC Bulletin Bd.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
To~vn of Southold, Suffolk County, New York, on the 11 th day of September, 2012, a
Local Law entitled "A Local Law in relation to Amendments to Chapter 205~ Public
Entertainment and Special Events" now-, therefore, be it
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southoid Town
Hall, 53095 Main Road, Southold, New York, on the 9~h day of October, 2012 at 4:32
p.m. at which time all interested persons will be given an opportunity to be heard.
The intent of the proposed Local Law entitled, "A Local Law in relation to
Amendments to Chapter 205~ Public Entertainment and Special Events" is to
establish procedures and requirements for conducting special events in the Town of
Southold to preserve the public peace, good order, the integrity of the use regulations
established under the zoning code, to properly provide for the health, safety and welfare
of the general public and to provide penalties for violations.
Specifically,
Section 205-1 is amended to include a definition of special event which details the types
of activities that will trigger the requirement of a permit.
Section 205-2 sets forth the requirement of a permit for special events and details certain
events that are exempt under certain circumstances, including:
1. Events held on private property owned by any special district that is contained
on site and has adequate parking, ingress, egress, traffic control and sanitary
facilities to host such an event;
2. Events held on property owned by a not-for-profit for its own fundraising that
is contained on site and has adequate parking, ingress, egress, traffic control
and sanitary facilities to host such an event; and
3. Occasional events on private, residential properties hosted by the oxvner
thereof to celebrate family events, holidays, charitable or other not-for profit
fundraisers.
Section 205-3 sets forth the special event permit application requirements and specifies
the information and materials that are to be submitted for review by the Town, including
but not limited to, a description of the event, a parking/event plan, a description of
signage to be displayed and a schedule of application fees which varies depending on the
size of the event. The Zoning Board of Appeals office may accept a single application for
a recurring event or a series of events that are of like size and scope.
Section 205-4 sets forth the review procedures and standards to be followed by the
Zoning Board of Appeals office.
Section 205-5 sets forth an appeal process in cases where a permit is denied by the
Chairperson of the Zoning Board of Appeals, allowing for review by the Town Board.
Section 205-6 Clarifies that the Town Board will have approval authority for all events
held on property owned, leased or controlled by the Town or for events where the
expected attendance exceeds 1000 people and sets forth procedures for review of such
events.
Section 205-7 permits the Zoning Board of Appeals or the Town Board upon notice, to
modify or rescind a permit upon a determination that representation or statements made
in the application were materially false or inaccurate or where there is noncompliance
with conditions of the permit.
Section 205-8 sets forth penalties for offenses of this chapter.
Copies of the full text of the proposed Local Law are available at the Town Clerk's
Office during regular business hours and are available for review on the Town's website:
www.southoldtownny.gov
Dated: September 11, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
Please publish on September 27, 2012 and forward one affidavit of publication to
Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold NY 11971
Copies to:
Suftblk Times
Full proposed law to:
Building Dept
ZBA
Town Board
Web Site
Town Attorney
Town Clerk Bulletin Board
SUMMARY OF LL/AMENDMENTS TO CHAPTER 205
SPECIAL EVENTS
THE PROPOSED LOCAL LAW THAT IS BEING NOTICED FOR PUBLIC
HEARING THIS AFTERNOON AMENDS AND RESTATES CHAPTER 205 OF
THE TOWN CODE ENTITLED "PUBLIC ENTERTAINMENT AND SPECIAL
EVENTS", THE INTENT OF WHICH IS TO ESTABLISH PROCEDURES AND
REQUIREMENTS FOR CONDUCTING SPECIAL EVENTS IN THE TOWN OF
SOUTHOLD TO PRESERVE THE PUBLIC PEACE, GOOD ORDER, THE
INTEGRITY OF THE USE REGULATIONS ESTABLISHED UNDER THE
ZONING CODE, TO PROPERLY PROVIDE FOR THE HEALTH, SAFETY AND
WELFARE OF THE GENERAL PUBLIC AND TO PROVIDE PENALTIES FOR
VIOLATIONS.
SPECIFICALLY, SECTION 205-1 IS AMENDED TO INCLUDE A DEFINTION
OF SPECIAL EVENT WHICH DETAILS THE TYPES OF ACTIVITIES THAT
WILL TRIGGER THE REQUIREMENT OF A PERMIT. SECTION 205-2 SETS
FORTH THE REQUIREMENT OFA PERMIT FOR SPECIAL EVENTS AND
DETAILS CERTAIN EVENTS THAT ARE EXEMPT UNDER CERTAIN
CIRCUMSTANCES, INCLUDING:
EVENTS HELD ON PRIVATE PROPERTY OWNED BY ANY
SPECIAL DISTRICT THAT IS CONTAINED ON SITE AND HAS
ADEQUATE PARKING, INGRESS, EGRESS, TRAFFIC CONTROL
AND SANITARY FACILITIES TO HOST SUCH AN EVENT;
EVENTS HELD ON PROPERTY OWNED BY A NOT-FOR-PROFIT
FOR ITS OWN FUNDRAISING THAT IS CONTAINED ON SITE AND
HAS ADEQUATE PARKING, INGRESS, EGRESS, TRAFFIC
CONTROL AND SANITARY FACILITIES TO HOST SUCH AN
EVENT; AND
OCCASIONAL EVENTS ON PRIVATE RESIDENTIAL PROPERTIES
HOSTED BY THE OWNER THEREOF TO CELEBRATE FAMILY
EVENTS, HOLIDAYS, CHARITABLE OR OTHER NOT-FOR-PROFIT
FUNDRAISERS.
SECTION 205-3 SETS FORTH THE SPECIAL EVENT PERMIT APPLICATION
REQUIREMENTS AND SPECIFIES THE INFORMATION AND MATERIALS
THAT ARE TO BE SUBMITTED FOR REVIEW BY THE TOWN, INCLUDING
BUT NOT LIMITED TO, A DESCRIPTION OF THE EVENT, A PARKING/EVENT
PLAN, A DESCRIPTION OF SIGNAGE TO BE DISPLAYED AND A SCHEDULE
OF APPLICATION FEES WHICH VARIES DEPENDING ON THE SIZE OF THE
EVENT. THE ZONING BOARD OFFICE MAY ACCEPTA SINGLE
APPLICATION FOR A RECURRING EVENT OR A SERIES OF EVENTS THAT
ARE OF LIKE SIZE AND SCOPE.
SECTION 205-4 SETS FORTH THE REVIEW PROCEDURES AND
STANDARDS TO BE FOLLOWED BY THE ZONING BOARD OFFICE.
SECTION 205-5 SETS FORTH AN APPEAL PROCESS IN CASES WHERE A
PERMIT IS DENIED BY THE CHAIRPERSON OF THE ZONING BOARD OF
APPEALS ALLOWING FOR REVIEW BY THE TOWN BOARD.
SECTION 205-6 CLARIFIES THAT THE TOWN BOARD WILL HAVE
APPROVAL AUTHORITY FOR ALL EVENTS HELD ON PROPERTY OWNED,
LEASED OR CONTROLLED BY THE TOWN OR FOR EVENTS WHERE THE
EXPECTED ATTENDANCE EXCEEDS 1,000 PEOPLE AND SETS FORTH
PROCEDURES FOR REVIEW OF SUCH EVENTS.
SECTION 205-7 PERMITS THE ZBA OR THE TOWN BOARD UPON NOTICE
TO MODIFY OR RESCINDA PERMIT UPON A DETERMINATION THAT
REPRESENTATION OR STATEMENTS MADE IN THE APPLICATION WERE
MATERIALLY FALSE OR INACCURATE OR WHERE THERE IS
NONCOMPLIANCE WITH CONDITIONS OF THE PERMIT.
SECTION 205-8 SETS FORTH PENALTIES FOR OFFENSES OF THIS
CHAPTER.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR
REVIEW IN THE TOWN CLERK'S OFFICE OR ON THE TOWN'S WEBSITE.
'-~.~f'-Y' ADOPTED DOC ID: 8121
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-697 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 11,2012:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 11th day of September, 2012, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 205~ Public Entertainment and Special Events" now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
9th day of October, 2012 at 4:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~
Public Entertainment and Special Events" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public
Entertainment and Special Events".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intent of this Article to establish procedures and requirements for conducting special
events in the Town of Southold to preserve the public peace, good order, the integrity of the use
regulations established under the Zoning Code, to properly provide for the health, safety and
welfare of the general public and to provide penalties for violations of the provisions herein.
11. Chapter 205 of the Code of the Town of Southold is hereby amended as follows:
A
Resolution 2012-697 Board Meeting of September 11, 2012
Updated: 9/11/2012 1:24 PM by Lynnc Krauza Page 2
Resolution 2012-697 Board Meeting of September 11, 2012
(4)
(6)
§205-1. Definitions.
SPECIAL EVENf - Any temporary gathering, demonstration, performance, exhibition,
amusement or activity with expected attendance that at any time exceeds the lawful occupancy of
the public area of the building, the parking capacity of the site or that is not currently a permitted
use of the property in the applicable zone, that is conducted or sponsored by a person,
organization, entity or association, including but not limited to, carnivals, circuses, fairs, bazaars,
outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies,
and which involves one or more of the following:
(1)
(2)
(3)
(4)
The closing of a public street.
The use, blocking or restriction of Town property, roads or rights of way;
The use of amplified sound exceeding the standards set forth in Chapter 180 of
the Town Code.
The sale of merchandise that is not ordinarily sold in the normal course of the
(6)
applicant's business.
The sale or service of food to the public.
The substantial increase or disruption of the normal flow of traffic on any street or
highway.
Updated: 9/11/2012 1:24 PM by Lynne Krauza Page 3
Resolution 2012-697 Board Meeting of September 11, 2012
(7) The placement of portable toilets.
(8) The placement of temporary no-parking or directional signs or banners.
(9) The use of any Town services that would not be necessary in the absence of such
an event.
§205-2. Permit required.
To preserve public peace, good order and the health safety and welfare of the residents of the
Town of Southold, special events shall be prohibited in the Town of Southold, unless a special
event permit is obtained in accordance with the requirements set forth in this Chapter. The
provisions of this Article shall not apply to:
Any event held on property owned by any special district that is contained on site and has
adequate parking, ingress, egress, traffic control and sanitary facilities to host such an
evcnti
Any event held on property owned by a not-for profit for its own fundraising that is
contained on site and has adequate parking, ingress, egress, traffic control and sanitary
facilities to host such an event;
Occasional events on private residential properties hosted by the owner thereof to
celebrate family events, holidays, charitable or other not for profit fundraisers, however,
any use of residential property for profit, such as a venue for weddings or other events is
prohibited.
§205-3. Application Requirements.
The following information and materials are to be submitted with an application for a special
event permit. The Zoning Board of Appeals office may accept a single application for a recurring
event or a series of similar events (not to exceed 6 in a 3 month period) that are of like size and
scope.
A. A completed Special Event Application Form which includes the following information:
(1)
(2)
(3)
(4)
(5)
(6)
Name, address and telephone number(s) of the person(s) who will be organizing
the event and who can be contacted prior to and during the event by Town
officials.
The address o f the event location.
Proposed dates and hours o1' the special event, including set up and shutdown
times.
Expected maximum number of persons intended to use the property at one time
and collectively, including organizers, employees, vendors, exhibitors and
spectators/participants.
Expected numbers of automobiles and other vehicles intended to use the property
at one time and collectively.
The name, address and telephone number of the person(s) who will be engaged in
the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor
Updated: 9/11/2012 1:24 PM by Lynne Krauza Page 4
Resolution 2012-697
(7)
(8)
Board Meeting of September 11,2012
Authority License and County Department of Health Services Permit number for
the activity.
Name and address and cellular telephone number of any security company which
will work on the premises, and a description of the duties to be performed.
The dimensions of any tents to be utilized for the event. All tents erected in
(9)
(10)
connection with an event will require an application to and the approval of the
Building Department.
Certification that the property where the event is to take place is not subiect to any
covenant or restriction limiting its use, or if the use is restricted by easement or
otherwise, a copy of a survey or diagram depicting the easement area and any
reserved area where development rights are intact.
The applicant must provide a certificate of general liability insurance naming the
Town of Southold as an additional insured with limits of 2 million dollars per
occurrence or such other limit as may be required by the Town Board.
An application fee in the tbllowing amounts for each event:
(1) $150.00 for events that exceed the parking capacity of the site and/or that are not
a permitted use of the property or tbr events where the expected attendance
exceeds the lawful occupancy by up to 250 attendees.
(2) $250.00 for events where the expected attendance exceeds the lawful
occupancy by 251 to 500 attendees.
(3) $350.00 for events where the expected attendance exceeds the lawful
occupancy by 501 to 749 attendees.
(4) $450.00 for events where the expected attendance exceeds the lawful
occupancy by 750 to 999 attendees.
(5) $550.00 tbr events where the expected attendance exceeds the lawful
occupancy by 1,000 or more attendees.
(6) Applications that are submitted less than sixty (60) days prior to the proposed
event may be rejected or subject to a late processing fee of $250.00.
A general description of the proposed event including:
(1) The purpose of the event and description of the nature of the activities to be
(2)
carried on and the admission lee to be charged, if any.
Names of groups, organizations, charities or individuals who shall benefit from
the proceeds of the event.
A parking/event plan showing:
(1)
(2)
(3)
(4)
The size of the property and its location in relation to abutting streets or
highways.
The size and location of any existing building(s) or structure(s) that will be in
operation during the course of the event and any proposed building, structure or
signs to be erected temporarily for the event.
The location of the stage or tents, if any.
The designated areas of use fbr spectators, exhibitors, vendors, employees and
organizers.
Updated: 9/11/2012 1:24 PM by Lynne Krauza Page 5
Resolution 2012-697
(5)
(6)
(7)
(8)
Board Meeting of September 11, 2012
Location of all exits.
The location of all fire extinguishers and other fire safety equipment.
The location of all temporary utilities to be installed for the event, if any.
The layout of any parking area for automobiles and other vehicles and the means
of ingress and egress for such parking areas. The parking spaces must allow for
300 sq. it. per car.
(9) A traffic control plan fbr vehicles entering and leaving the site for the proposed
event.
(10) Plan for the use of live outdoor music, loudspeakers and other sounds which will
be used, if any, and the type and location of speakers and other audio equipment.
(11) A description of emergency access and facilities related to the event.
(12) Provisions to dispose of any garbage, trash, rubbish or other refuse.
(13) Location and description of any additional lighting to be utilized in coniunction
with the event.
(14) Location of sanitary facilities on site.
A description of any signage to be displayed adjacent to a Town, County or State road,
including size, location and dates of display.
ZBA Chairperson may require the applicant to send and provide certification that written
notice was sent to every property owner abutting or adjacent to the property where the
event is to be held. as shown on the current Town of Southold assessment roll, and
directly opposite (by extension of the lot lines through a street or right-of-way) of the
property that is the subiect of the application. Said notice shall include the date, time and
location of the proposed special event.
Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals, upon
request by an applicant, may waive in whole or in part any of the foregoing application
requirements upon a finding that said requirements are not necessary for proper
consideration of a permit application in accordance with the standards set forth in Section
205-4(E)(1 )-(16) or tbr the protection of health safety and welfare. The Chairperson's
determination of any waiver request shall be in writing to the applicant and shall specify
the reason for the grant or denial. If a waiver is granted, the Chairperson may attach
appropriate conditions to protect the public interest.
§205-4. Application review procedure and standards.
All applications for a special event permit must be submitted at least sixty (60)
days prior to a proposed event to the Zoning Board of Appeals office. Any
applications that are incomplete may not be accepted or processed.
When the Chairperson of the Zoning Board of Appeals determines said application is
complete, the Chairperson shall distribute said application and documentation to any
Town, County or State agencies that may have jurisdiction over the event for their review
and comment on any of the criteria set forth in §205-4(E) of this Article. Such referrals
may include the Police Department, the Planning Department, the Building Department,
the Land Preservation Department, the Code Enforcement Department, Fire Safety
Inspector, Tax Assessors and Town Attorney.
Updated: 9/11/2012 1:24 PM by Lynne Krauza Page 6
Resolution 2012-697 Board Meeting of September 11, 2012
Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall
determine whether to require revisions to the proposed event application.
If no revisions are required or, upon the submission of a revised application, the
Chairperson of thc Zoning Board of Appeals may deny or approve the application with
conditions.
In determining whether to grant a special event permit, the Chairperson of the Zoning
Board of Appeals shall consider the following:
(l) The size and capacity of the site to accommodate the proposed event.
(2) The facilities available.
(3) The availability of highway and other means of transportation to and from the
site.
(4) Impact of the event on the safe and orderly movement of traffic within and
contiguous to the event.
(5) Need for the Town to police such event, and whether the numbers of police
officers assigned to properly police such event will prevent the Town from
providing adequate police protection to the remainder of the Town.
(6) Impact of the event on fire and police protection and ambulance service to the
areas contiguous to the event and to the Town in general.
(7) lmpact of the event on the movement of fire-fighting equipment or ambulance
service to the Town or to areas contiguous to the event.
(8) Impacts on adiacent property owners and the surrounding neighborhood.
(9) Whether the owner, applicant or event sponsor has violated a previously issued
special event permit.
(10) Verification that there are no outstanding violations on the property at which the
event will be held or any outstanding or unsatisfied conditions of a Town agency
approval, including but not limited to, those of the Planning Board or the Zoning
Board of Appeals.
(11) Verification that the grant of the permit will not violate any existing covenants or
easements on the property.
(12) Whether a permit has been granted for a prior event that was the same or
substantially similar in size and scope to the event applied for and/or resulted in
the impacts defined in subparagraphs (4), (5), (6),(7) and (8) above.
(13) Whether the frequency of prior or proposed special events on the site constitutes a
change or intensification of the permitted use of the property necessitating a use
variance or further site plan review.
(14) lftwo or more events with an expected attendance of more than 1,000 people are
scheduled for the same date and are within a half mile radius of each other, the
Chairperson of the Zoning Board of Appeals will determine if there are adequate
resources for the events. If there are not sufficient resources to ensure public
health and safety, the Chairperson of the Zoning Board of Appeals shall deny one
or more permits if the impacts of the events cannot be mitigated. When deciding
which event to deny, the Chairperson of the Zoning Board of Appeals shall
consider the following:
Updated: 9/11/2012 1:24 PM by Lynne Krauza Page 7
Resolution 2012-697
(ii)
(iii)
(iv)
(v)
Board Meeting of September 11, 2012
Whether the event is recurring.
Whether the site has been subject to a violation ~vithin the last three years.
The date the permit application was submitted.
If events occurred the prior calendar year, the Chairperson of the Zoning
Board of Appeals shall consider what their impact was on that area of the
Toxvn.
Whether the event will yield a donation to one or more local charities.
(15} If an applicant is requesting a special event permit that was held the previous
year, the verification must be submitted from those charities listed on the previous
application.
(16) Any other matters that relate to the health, safety and welfare of the general
public.
A deposit shall be made in an amount to be determined prior to issuance of the permit
based upon the estimated direct costs attributable to additional police and highway costs
associated with the event. After the event, the deposit will be used to cover such costs
and an,/monies remaining will be returned to the applicant.
A special event permit is not transferrable and shall expire at the close of the event(s) for
which it is issued.
11.
The special event permit issued hereunder shall be displayed on the premises during the
special event and shall be available for inspection by a police officer or other
enforcement officer of the Town upon request.
Applications tbr tent permits required for any event must be submitted directly to the
Building Department.
205-5. Appeal from denial of a special event permit.
An applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals
may apply to the Town Board for reconsideration of the application by filing an appeal
with the Town Clerk within 10 days of the date of the denial. A complete copy of the
application submitted to the Office of the Zoning Board of Appeals shall accompany the
request/'or reconsideration. The To~vn Board may, following a public hearing, affirm or
reverse the determination of the Chairperson subject to any conditions deemed
appropriate under the circumstances.
205-6. Events held on Town lands.
mo
Any event held on property owned, leased or controlled by the To~vn or any event where
the expected attendance exceeds 1,000 people shall be subject to approval by resolution
of a majority the Town Board following the submission of an application to the Town
Clerk sixty (60) days prior to the proposed event. In reviewing applications for such
events, the Town Board may consider the following additional criteria in addition to the
criteria set forth in Section 205-4(E) above:
Updated: 9/11/2012 1:24 PM by Lynne Krauza Page 8
Resolution 2012-697 Board Meeting of September 11, 2012 (1) The size of the premises in relation to the number of people attending the event.
(2) The sufficiency of arrangements made to control traffic, parking, noise, lighting
and refuse.
(3) The frequency of events proposed or approved for the premises and whether the
frequency is so great that the events constitute a persistent usage of the property
incompatible with its character or with that of the surrounding area.
(4) Conflicts with ordinary public use of the land, roads or facilities involved.
(5) Whether the applicant has been convicted for failure to comply with the terms of
this Chapter within the past three ,/ears.
(6) Adherence to the fown Board policy of discouraging events at Town beaches and
parks from the Friday before the observance of Memorial Day until Labor Day.
For an,/event that is to be held on land owned, leased or controlled by the Town of
Southold:
(1) The applicant shall pay a minimum clean up deposit of $250.
Where the Town determines that there is no specific Town benefit from the event
or that the event is conducted for profit, a deposit shall be made in an amount to
be determined prior to issuance of the permit based upon the estimated direct
costs attributable to additional police, highway and clean up costs associated with
the event. After the event, the deposit will be used to cover such costs and any
monies remaining will be returned to the applicant.
Notxvithstanding the foregoing, the Town Board upon request by an applicant, may waive
in whole or in part any of the fbregoing application requirements upon a finding that said
requirements are not necessary tbr proper consideration of a permit application or for the
protection of health safety and welfare. The Town Board resolution shall specify the
reason for the grant or denial. Ifa waiver is granted, the Town Board may attach
appropriate conditions to protect the public interests.
§205-7. Modification or rescission of permit.
11; after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board
determine that any of the representations and/or statements contained in the application are
materially inaccurate or any of the conditions of the permit have not been complied with, the
Town may serve the permittee's agent, a notice of rescission of special permit specifying the
manner in which the permittee has not complied with the terms of its permit and/or identifying
the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson
or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon
conditions.
§205-8. Penalties for offenses.
Updated: 9/11/2012 1:24 PM by Lynne Krauza Page 9
Resolution 2012-697 Board Meeting of September 11,2012
A. It shall be unlawful for any owner, occupant or their agents or any other person to fail to
comply with any provisions of this chapter or to fail in any manner to comply with a
written notice, directive or order of the Director of Code Enforcement, Zoning Inspector
or the Southold Police Department or to conduct any special event in a manner not in
compliance with a permit issued pursuant to this Chapter and with the provisions of this
Code.
For each offense against any of the provisions of this Chapter or failure to comply with a
written notice or order of any Director of Code Enforcement, Zoning Inspector or the
Southold Police Department within the time fixed for compliance therewith, the owner,
occupant or their agents or any other person who commits, takes part or assists in the
commission of any such offense or who shall fail to comply with a written order of the
Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall
be subiect to the tbllowin~:
(l)
Failure to obtain a permit. Any person conducting a special event that is
regulated under this Chapter without first obtaining a permit according to the
procedures outlined herein shall be subject to a fine not less than $500.00 and not
(2)
more than $1,000.00.
Failure to comply with the terms of a permit. Any person failing to comply with
the terms of a permit shall be subiect to a fine of not less than $500.00 and not
more than $1,500.00. For each subsequent offense, violator shall be guilty of a
misdemeanor punishable by a fine not less than $500.00 nor more than $5,000.00.
No new special event permits will be issued to any property owner, occupant or their
agent if they are a named defendant in an outstanding or unresolved violation of this
Chapter.
The Town may also maintain an action or proceeding in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation of this chapter.
111. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
Updated: 9/11/2012 1:24 PM by Lynne Krauza Page 10
Resolution 2012-697 Board Meeting of September 11, 2012
RESULT: ADOPTED {UNANIMOUSI
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Updated: 9/11/2012 1:24 PM by Lynne Krauza Page 11