HomeMy WebLinkAboutLL #08 2018 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M CUOMO
GOVERNOR
99 WASHINGTON AVENUE
ALBANY,NY 12231-0001 ROSSANA ROSADO
WWW.DOS.NY GOV SECRETARY OF STATE
July 16, 2018
RECEIVED
Lynda M Rudder
Deputy Town Clerk JUL 2 3 2018
Town Hall, 53095 Main Road
PO Box 1179 SOufhoIJ Town :lerl
Southold NY 11971
RE: Town of Southold; Local Law 7 & 8 2018, filed on July 12, 2018
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEWYORK Department
STATE OF
OPPORTUNITY of State
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SOUTHOLD
710 TRAVELER ST
SOUTHOLD
NY
11971-1000
3580000971
07/11/2018 (800)275-8777 4:35 PM
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Flat Rate Env
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®�91Ff®[ISG'
ELIZABETH A. NEVILLE,MMC ®�° ®Pj Town Hall,53095 Main Road
TOWN CLERK �� $� P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145
MARRIAGE OFFICER ,�i ot• Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 11, 2018
Priority Mail Express
RE: Local Law No. 7 & 8 of 2018
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 7 & 8 of 2018 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
JI = l
j
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Local Law No. 8 of the year 2018 .
A Local Law entitled, A Local Law in relation to Amendments to Chapter 205, Public Entertainment and If
Special Events
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Chapter 205. Public Entertainment and Special Events
Article I. General Provisions
§ 205-1. Purpose.
It is the intent of this chapter to establish procedures and requirements for conducting special events in the
Town of Southold to preserve the public peace, good order and 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.
§ 205-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PARKING CAPACITY - For the purposes of this chapter,parking capacity shall be the number of cars,
limousines or buses permitted on the site according to a site plan approved by the Town of Southold Planning
Board.
SPECIAL EVENT-Any temporary gathering, demonstration,performance, exhibition,
amusement or activity that is not currently a permitted use of the property in the applicable zoning district or
which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.05/05)
1
rr _
the existing parking capacity of the site 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, which may involve one or more of the
following:
A. The closing of a public street.
B. The use,blocking or restriction of Town property, roads or rights-of-way;
C. The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code.
D. The sale of merchandise that is not ordinarily sold in the normal course of the applicant's
business.
E. The sale or service of food to the public with the exception of the following:
(1) On land used in agricultural production, the sale or service of food products composed
primarily of ingredients produced on site; or
(2) On land used in agricultural production that maintains a winery or farm winery license
issued by the New York State Liquor Authority, the sale or service of food items which
customarily complement wine tastings and that are ordinarily consumed while standing
or walking and without the need for utensils.
F. The substantial increase or disruption of the normal flow of traffic on any street or highway.
G. The placement of portable toilets.
H. The placement of temporary no-parking or directional signs or banners.
I. The use of any Town services that would not be necessary in the absence of such an event.
SPECIAL EVENT COMMITTEE
The Special Even Committee, also referred to in this chapter as the"Committee" shall review applications
forwarded to it by the Town Clerk's Office. The Committee shall make determinations as to the completeness
of the application, request further documentation as it deems necessary as set forth in this Chapter, and make
recommendations to the Town Board as to whether the application should be granted or denied. The Committee
shall consist of. the Government Liaison Officer, who shall act as the Chairperson; the Chairperson of the
Zoning Board of Appeals or his or her designee; the Planning Director or his or her designee; the Chief of
Police, or his or her designee, and; the Chief Building Inspector, or his or her designee. The Town Attorney
shall act as counsel to the Committee. The Town Board shall appoint a secretary to assist the Committee in the
processing of applications.
§ 205-3. Permit required.
A. 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 and as follows:
(1) All special events shall require the issuance of a Special Event Permit by a resolution of the
Town Board.
B. The provisions of this chapter shall not apply to:
(1) 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;
(2) 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;
(3) 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.
Article II. Special Events Requiring Chairperson of Zoning Board of Appeals Approval Permit
2
Application Requirements and Procedure
§ 205-4. Application requirements.
The following information and materials are to be submitted with an application for a special event permit. A
single application may be made for a recurring event or a series of similar events (not to exceed six in a three-
month period) that are of like size and scope.
A. A completed special event application form which includes the following information:
(1) The 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.
(2) The address of the event location.
(3) The proposed dates and hours of the special event, including setup and shutdown times.
(4) The expected maximum number of persons intended to use the property at one time and
collectively, including organizers, employees, vendors, exhibitors and spectators/participants.
(5) Expected number of automobiles and other vehicles intended to use the property at one time and
collectively.
(6) The name, address and telephone number of the person(s)who will be engaged in the preparation
and/or sale of food, alcohol, or beer and a copy of the State Liquor Authority license and County
Department of Health Services permit number for the activity.
(7) The name, address and cellular telephone number of any security company which will wo k on
the premises, and a description of the duties to be performed.
(8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an
event will require an application to, and the approval of, the Building Department. 1
(9) Certification that the property where the event is to take place is not subject 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.
(10) The applicant must provide a certificate of general liability insurance naming the Town of
Southold as an additional insured with limits of$1,000,000 per occurrence or such other limit as
may be required by the Town Board for events where expected attendance exceeds 500
attendees.
B. The appropriate application fee.
(1) The fees for Special Event permits shall be proscribed by a resolution of the Town Board
C. A general description of the proposed event including:
(1) 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.
(2) The names of groups, organizations, charities or individuals who shall benefit from the proceeds
of the event.
D. A parking/event plan showing:
(1) The size of the property and its location in relation to abutting streets or highways.
(2) 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.
(3) The location of the stage or tents, if any.
(4) The designated areas of use for spectators, exhibitors, vendors, employees and organizers.
(5) The location of all exits.
(6) The location of all fire extinguishers and other fire safety equipment.
(7) The location of all temporary utilities to be installed for the event, if any.
(8) 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 square feet per car.
(9) A traffic control plan for vehicles entering and leaving the site for the proposed event.
3
(10) A 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) The location and a description of any additional lighting to be utilized in conjunction with the
event.
(14) The location of sanitary facilities on site.
E. A description of any signage to be displayed adjacent to a Town, county or state road, including size,
location and dates of display.
F. A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional
insured.
G. A minimum cleanup deposit of$250.
H. The Town Board 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.
I. 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 in accordance with the standards set forth in
§ 205-5E(1) through(15) or for the protection of health, safety and welfare. The Town Board'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 Town Board may attach appropriate conditions to protect
the public interest.
§ 205-5. Application review procedure and standards.
A. All applications for a special event permit must be submitted at least 60 days prior to a proposed event
to the Town Clerk's Office. Upon receipt of an application for a special event permit, the Town Clerk
shall cause the application to be forwarded to the Special Event Committee.
B. Upon receipt of an application, the Committee shall review the application and make a determination as
to completeness. Upon making a determination that the application is complete, the Committee shall
cause the application and related documentation to be distributed 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 § 205-5E of this article. Such referrals may include the Police Department, the Planning
Department, the Building Department, the Office of the Zoning Board of Appeals, the Suffolk County
Planning Commission, the Land Preservation Department, the Code Enforcement Department, the Fire
Marshal,the Assessors' Office and/or the Town Attorney.
C. Upon receipt of comments, the Committee shall review the complete application and make a
recommendation to the Town Board as whether to grant the application, deny the application, or grant
the application with conditions. In considering whether to recommend approval or denial of
the application, the Committee shall consider the criteria set forth in subsection`B" of this section.
D. The Committee shall make a recommendation to the Town Board within 30 days of receipt of a
complete application.
E. Upon receipt of an application from the Special Events Committee, the Town Board shall review the
application and make a determination whether to; grant the application as applied for, deny the
application, or grant the application with conditions. In making its determination the Town Board 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 highways and other means of transportation to and from the site.
(4) The impact of the event on the safe and orderly movement of traffic within and contiguous to the
4
event.
(5) The need for the Town to police such event, and whether the number 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) The 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) The impact of the event on the movement of firefighting equipment or ambulance service to the
Town or to areas contiguous to the event.
(8) The 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 Subsection E(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 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.
(15) Any other matters that relate to the health, safety and welfare of the general public.
F. 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.
G. Where the Town determines that there is no specific Town benefit from the event or that the event is
conducted for profit, an additional 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
cleanup 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. If the costs incurred by the Town exceeds the
amount deposited, the applicant shall be responsible for the additional costs incurred by the Town
as a result of the Special Event.
H. A special event permit is not transferable and shall expire at the close of the event(s) for which it is
issued.
I. 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.
J. Applications for tent permits required for any event must be submitted directly to the Building
Department.
K. At the sole discretion of the Committee, applications that are submitted less than 60 days prior to the
proposed event may be rejected or be considered subject to the applicant paying a late processing fee.
§ 205-6. Appeal from denial of a special event permit.
An applicant who is denied a permit by the Town Board 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 shall accompany the request for reconsideration. The Town Board may, following a
public hearing, affirm, amend or reverse the determination its prior decision subject to any conditions deemed
5
appropriate under the circumstances.
Article IV III. Enforcement
§ 205-8. Modification or rescission of permit.
If, after a permit is issued, the Town Board determines 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.
§ 205-9. Penalties for offenses.
A. It shall be unlawful for any owner, occupant or his/her agent 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.
B. For each offense against any of the provisions of this chapter or failure to comply with a written notice,
directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police
Department within the time fixed for compliance therewith, the owner, occupant or his/her agent 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) 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 of not less than $500 and not more than $3,000.00.
(2) 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 and not more than$3,000.00.
(3) For each subsequent offense of§ 205-913(1) or(2), violators shall be guilty of a misdemeanor
and/or subject to a fine of not less than$1,000.00 nor more than $5,000.
C. No new special event permits will be issued to any property owner, occupant or his/her agent if such
person is a named defendant in an outstanding or unresolved violation of this chapter.
D. 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.
III. 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.
6
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 8 of 20 18 . of the
(Town) of SOUTHOLD was duly passed by the
TOWN BOARD on July 3 , 20 18 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none,the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
7
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York,having been submitted to the electors
at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law , and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of the Cou My legisla vi e body. City.Town or
(Seal) Village Clerk or officer designated by local legislative body
Elizabeth A.Neville,Town Clerk
Date: July 9,2018
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexeWr't
o.
Signature
William Duffy,Town Attorney
Damon Hagan,Assistant Town Attorney
Title
Town of SOUTHOLD
Date: July 9,2018
8
,y
Southold Town Board - Letter Board Meeting of July 3, 2018
1°s° RESOLUTION 2018-664 Item# 5.48
111orl- ADOPTED DOC ID: 14319
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-664 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 3, 2018:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 22"d day of May, 2018, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 205,Public Entertainment and Special Events" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public
Entertainment and Special Events" reads as follows:
QQ
LOCAL LAW NO.0 2018
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:
Chapter 205. Public Entertainment and Special Events
Article I. General Provisions
4 205-1. Purpose.
It is the intent of this chapter to establish procedures and requirements for conducting special
events in the Town of Southold to preserve the public peace, good order and 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.
§ 205-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PARKING CAPACITY - For the purposes of this chapter, parking capacity shall be the
number of cars, limousines or buses permitted on the site according to a site plan approved by
the Town of Southold Planning Board.
Generated July 6, 2018 Page 70
Y
Southold Town Board - Letter Board Meeting of July 3, 2018
SPECIAL EVENT -Any temporary gathering, demonstration, performance, exhibition,
amusement or activity that is not currently a permitted use of the property in the applicable
zoning district or which requires a parking area to accommodate all vehicles transporting
attendees to the event that is larger than the existing parking capacity of the site 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, which may involve one or more of the following:
A. The closing of a public street.
B. The use, blocking or restriction of Town property, roads or rights-of-way;
C. The use of amplified sound exceeding the standards set forth in Chapter 180 of
the Town Code.
D. The sale of merchandise that is not ordinarily sold in the normal course of the
applicant's business.
E. The sale or service of food to the public with the exception of the following:
(1) On land used in agricultural production, the sale or service of food
products composed primarily of ingredients produced on site; or
(2) On land used in agricultural production that maintains a winery or farm
winery license issued by the New York State Liquor Authority, the sale or
service of food items which customarily complement wine tastings and
that are ordinarily consumed while standing or walking and without the
need for utensils.
F. The substantial increase or disruption of the normal flow of traffic on any street or
highway.
G. The placement of portable toilets.
H. The placement of temporary no-parking or directional signs or banners.
I. The use of any Town services that would not be necessary in the absence of such
an event.
SPECIAL EVENT COMMITTEE
The Special Even Committee, also referred to in his chapter as the "Committee" shall review
applications forwarded to it by the Town Clerk's Office. The Committee shall make
determinations as to the completeness of the application, request further documentation as it
deems necessary as set forth in this Chapter, and make recommendations to the Town Board as
to whether the application should be granted or denied. The Committee shall consist of. the
Government Liaison Officer, who shall act as the Chairperson; the Chairperson of the Zoning
Board of Appeals or his or her designee; the Planning Director or his or her desip-nee; the Chief_
of Police or his or her designee and; the Chief Building Inspector, or his or her designee. The
Town Attorney shall act as counsel to the Committee. The Town Board shall appoint a secretary
to assist the Committee in the processing of applications.
§ 205-3. Permit required.
A. 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
Generated July 6, 2018 Page 71
r Southold Town Board - Letter Board Meeting of July 3, 2018
this chapter and as follows:
(1) All special events on rty and 'with an eetad a#endane of less
than 1,000 attendees shall obtain approval of the Chairper-sen of the Zoning Board
f Appeals in aeeer-danee with the toFms set forth i Aftiolo 11 of'this ,.1,apter shall
1
require the issuance of a Special Event Permit by a resolution of the Town Board.
(2) All speeial events en ri -te p opefty withexpeeted aRendance exeeedin
1,000 special
LattendeesSVll 1
onto +-tiy shall obtain approval+b f
TV 11� Vi
the Town Board as set for-th inAi4iele H! of this ehaptef-.
B. The provisions of this chapter shall not apply to:
(1) 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;
(2) 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;
(3) 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.
Article II Special Events Requiring Chairperson of Zoniniz Board of Appeals Approval
Permit
Application Requirements and Procedure
205-4. Application requirements.
The following information and materials are to be submitted with an application for a special
event permit. The Zoning Board of Appeals off ee m'y«A single application may be
made for a recurring event or a series of similar events (not to exceed six in a three-month
period)that are of like size and scope.
A. A completed special event application form which includes the following information:
(1) The 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.
(2) The address of the event location.
(3) The proposed dates and hours of the special event, including setup and shutdown
times.
(4) The expected maximum number of persons intended to use the property at one
time and collectively, including organizers, employees, vendors, exhibitors and
spectators/participants.
(5) Expected number of automobiles and other vehicles intended to use the property
at one time and collectively.
Generated July 6, 2018 Page 72
Southold Town Board - Letter Board Meeting of July 3, 2018
(6) The name, address and telephone number of the person(s) who will be engaged in
the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor
Authority license and County Department of Health Services permit number for
the activity.
(7) The name, address and cellular telephone number of any security company which
will work on the premises, and a description of the duties to be performed.
(8) The dimensions of any tents to be utilized for the event. All tents erected in
connection with an event will require an application to, and the approval of, the
Building Department.
(9) Certification that the property where the event is to take place is not subject 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.
(10) The applicant must provide a certificate of general liability insurance naming the
Town of Southold as an additional insured with limits of$1,000,000 per
occurrence or such other limit as may be required by the Town Board for events
where expected attendance exceeds 500 attendees.
B. The appropriate An application fee.
(1) The fees for Special Event permits shall be proscribed by a resolution of the Town
Board in the following a nts for-o,,e o or+:
or-events where he expected-at+rezrdanee is less than 500 attendees: 150.
fRh==:F6r events-' hefe the expected att€nda-nee is 5001,0-x,000 attendees- $250.
01===Appheations thfft are submiaed less than 60 days prior-to the proposed event may
be rejecteder- ubje t to a later g fee o f$250
C. A general description of the proposed event including:
(1) 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.
(2) The names of groups, organizations, charities or individuals who shall benefit
from the proceeds of the event.
D. A parking/event plan showing:
(1) The size of the property and its location in relation to abutting streets or
highways.
(2) 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.
(3) The location of the stage or tents, if any.
(4) The designated areas of use for spectators, exhibitors, vendors, employees and
organizers.
(5) The location of all exits.
(6) The location of all fire extinguishers and other fire safety equipment.
(7) The location of all temporary utilities to be installed for the event, if any.
(8) 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 square feet per car.
(9) A traffic control plan for vehicles entering and leaving the site for the proposed
Generated July 6, 2018 Page 73
t
Southold Town Board - Letter Board Meeting of July 3, 2018
event.
(10) A 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) The location and a description of any additional lighting to be utilized in
conjunction with the event.
(14) The location of sanitary facilities on site.
E. A description of any signage to be displayed adjacent to a Town, county or state road,
including size, location and dates of display.
F. A certificate of insurance not less than $2,000,000 naming the Town of Southold as an
additional insured.
G. A minimum cleanup deposit of$250.
F-.H. The_Ghair-perserl Town Board 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.
FSI. Notwithstanding the foregoing,the Chair-.,o,-so of the Zoning Board of Appeals 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 in accordance with the standards set forth in
§ 205-5E(1) through (15) or for the protection of health, safety and welfare. The Town
Board'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 Town Board may
attach appropriate conditions to protect the public interest.
205-5.Application review procedure and standards.
A. All applications for a special event permit must be submitted at least 60 days prior to a
proposed event to the Zoning Board of Appeals Town Clerk's Office. Any apphea
Upon receipt of an
application for a special event permit, the Town Clerk shall cause the application to be
forwarded to the Special Event Committee.
B. Upon receipt of an application, the Committee shall review the application and make a
determination as to completeness. When the Ghai,per-se of the Zona g Board of
Awls Upon making a determination that the application is complete, determines ^^ a
applioation is eomplete the Chair-person.Committee shall cause the application and
related documentation to be distributed 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 § 205-5E of this article. Such referrals may include the Police Department, the
Planning Department, the Building Department, the Office of the Zoning Board of
Appeals, the Suffolk County Planning Commission, the Land Preservation Department,
the Code Enforcement Department, the Fire Iter Marshal, the Assessors' Office
Generated July 6, 2018 Page 74
Southold Town Board - Letter Board Meeting of July 3, 2018
and/or the Town Attorney.
C. Upon receipt of comments, the t" Chair-per-sen f the Zoning Bo ra o Appeals
lll+ X11 LLll lit JVll Vl Lll
Committee shall review the complete application and make a recommendation to the
Town Board as whether to grant the application, deny the application, or grant the
application with conditions. In considering whether to recommend approval or denial of
the application, the Committee shall consider the criteria set forth in subsection "E" of
this section. .
D. , the
Chair-person of the Zeniiig Board of Appeals may deny of! appfeve the appli.eation with
eenditions The Committee shall make a recommendation to the Town Board within 30
days of receipt of a complete application.
E. Upon receipt of an application from the Special Events Committee, the Town Board shall
review the application and make a determination whether to; grant the application as
applied for, den the application, or grant the application with conditions. In making its
determination the Town Board 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 highways and other means of transportation to and from the
site.
(4) The impact of the event on the safe and orderly movement of traffic within and
contiguous to the event.
(5) The need for the Town to police such event, and whether the number 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) The 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) The impact of the event on the movement of firefighting equipment or ambulance
service to the Town or to areas contiguous to the event.
(8) The 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 Subsection E(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 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
Generated July 6, 2018 Page 75
Southold Town Board - Letter Board Meeting of July 3, 2018
application.
(15) Any other matters that relate to the health, safety and welfare of the general
public.
F. 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.
G. Where the Town determines that there is no specific Town benefit from the event or that
the event is conducted for profit, an additional 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 cleanup 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. If the costs incurred by the Town exceeds the amount
deposited, the applicant shall be responsible for the additional costs incurred by the Town
as a result of the Special Event.
H. A special event permit is not transferable and shall expire at the close of the event(s) for
which it is issued.
1. 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.
J. Applications for tent permits required for any event must be submitted directly to the
Building Department.
K. At the sole discretion of the Committee, applications that are submitted less than 60 days
prior to the proposed event maw ejected or be considered subject to the ap lip cant
paying ag late processing fee.
§ 205-6. Appeal from denial of a special event permit.
An applicant who is denied a permit by the the Chairperson of the Zoning Board of Appeal-s
Town Board 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 shall accompany the request
for reconsideration. The Town Board may, following a public hearing, affirm, amend or reverse
the determination the Chairperson of the Zoning Board Vf ^Appeals its prior decision subject to
any conditions deemed appropriate under the circumstances.
Art' 1 M S 1 Events Requiring T.,.,,,, Board Approval
§ 205 7. Eveflts heli on Town lands or evepAs exeeeding 1,000 attendees.
CLsT
A. Any event hold on propef4y owned, !eased or-eontxelled by the Tovffl or-any event wher-e
1,000
of a of the Town Board
J •/ following the submission
Clefk 60 days prior-to the proposed evei4. in revievi:ing appheations for-such events, t
T-ovffl Boafd may eensider-the folio Ming rz'irrlTiZrcrairrorrrc7 the crn
iier-ia set fefth in
enc 5E .,>,eye
(-1) The size of the prainira 1 tiV to Lill.number-tf 1 attending the event.
people
Generated July 6, 2018 Page 76
Y
Southold Town Board - Letter Board Meeting of July 3, 2018
traffic,(2) The suffleieney of affangements made to eentfol 7 7
lighting
and mfus-e-.
(3) The frequeney of events proposed or-appr-oved fof the promises and mhether-
f;•e at that the events s+;+ute a s+e + of the p ft
11 VL1UV11V,'v 1J JV �1VUL L11UL L11V V Y�e11LJ VV11J L1LU LV usage
lneomna+,ble with ,+s eharaeter o with that of the s .,, ing area.
111VVllll./U L1 V1V VV1U3 1LJ Vll Ul UVLVl Vl VVllll L11UL�r
land,
(4-Y C.-Aii-flilets with ordinafy publie use of the
involved.
(5) Whether+hen r,l,oa„t has beer, e ,eted for-failure to s ply with the tefms f
`Jl Yv 11V Lll Vl L11V UY1,111VU11L 11UJ VVVll VV3{Vv1V CVU i
this ehapter-within the past thfee years.
(6) Adher-enee to the Town Board policy of diseouraging events at Town beaehes
arts f;•om +lie 1 richt, before+lie obser„a„ee of Memorial Day until Labor-D
1JU111J 11 Vlll L11V 111UU�" UV1V1V L11V VVJVl VU11VV
(7) if two of fflore events with an expeeted at4eiidanee of more than
1,000
seheduled for-the same date and are within a half mile mdius of eaeb 7
thee
T" n Board .ill .lets if there are adequate r s for-the events. if there
1 V,V vvll LVUlU will UVLV1111111V 11 e .
safety, the ToWn -Board
shall de ,+s if the ets of the events eannof be + a+ rl
J11U11 Ul+ll,'v V11V Vl 111V1V 1.J V11111 LL,J deny, the
}1L1,1�11.1`1U'Vt�L}1,� �.�,�,�.��1 p
When-d eeid'in'g"-�7141i11eh eevent-Lo--C eny, he i o�vn Boardshalleonside-�G
fellowing-
(a) Whether the event ;
s Y-ee
(b) Whethef the site has been subjeet to a violation within the last thfee year-s-.
(e) The date the permit a ,-tl;eation t ubmiae,l
C�
(d) if ev€pAs ooeuired the prior-calendar-),ear-, theChair-per-son f the Zoning
Town.of Anneals shall e siaer what their im that, „ + n+ a f+h
-Yt wn.
(o) Wether--Tire—eveiin�Mll yield a donation to o e 1 cc•14 charities.
B. For-any speeial ovei-A tha4 is to be hold on land &A%ed, !eased or eepAr-olled by the Tom%
of Southold,
ot,+hold 7the+ e athephea+ion shall include+ e fellowi„rt•
(1) A e metes s Bial event annliea+inn farm whieh e ,-,tai,,s the following
(U) T-he r( lV, mailing address, V 1U11 address-and+elerbe, e number—(s) of+L e
person(s)who will be organizing theevent a,-,rl who e n be a ntaeted pr-
to
vrn�vrrrrv�vr gulrrc,rrr�Ll l
and during the event by Town off;e;ala
(b) The proposed event joeatieii and type of event.
(e) Then osed .fates and hours of the_sneeial event, ineludifig setup and
shutdovm times.
(d) The expeeted mwdm-um number- of p__ . iie-ded to use the przopeAy at
ane time and eolleetively, including orrtani-cernIII.„loyeen venworn
exhibitors ands eetators/part;einants
event,(e) if there are any speeial Y-equir-emoiits needed f6f!the including,
buto
n + limited to, r, rohne pr-esenee road elos„ en
not
(2) An applieation fee in the sum of$250 for events where the expeeted attendanee
,sues note ee,l 1000 attendees
7
(33) A eer-tifieate of insur-anee not less than $2,000,000 naming
the Town of South
as an additional re.l
(4) A minim eldepesi+ of$250,
(5) Alhefe4he Town deter-mines that there is no speeifie Town benefit fr-offl !be event
Generated July 6, 2018 Page 77
Southold Town Board - Letter Board Meeting of July 3, 2018
or-that the event is eendueted for-profit, an additional deposi! shall be Fflade; in a
amount to be determined prior-to issuanee of the pemit based upon the estifflated
with the event. After the > >
and
I .es remaining ill be rot„rnedto the applieant_
(6) Any additional ififeEmati6ii @quif€d-by the T.,.,,,, (`loG. For-any speeial event wher-e the expected at4endanee execeds rl,
>000 attendees,
> >
D and E as well as
!he followingit
(1) Arn applieation fee of$350.
(2) A eer-tifieate of insuranee not less than $2,000,000
as an additional roll
(3) The Town Board may require the applieant to send and pr-ovide eef4ifieation that
r;tton notiee was sent every pe ty owner abutting of . djaeont to tl.o
property,,here the event is to be held, as shown on the current Town of Southold
assessment and difeetly opposite (by extension of the lo! lines thr-ough-a
7
date,street or fight of way) of the pr-opei4y that is the subjeet of the applieation. Said
notiee shall inelude the time and leeation of the pi:opesed speeial
event.
D. -Notwithstafiding!he
!he Tovffi
upon f!equest by an
May
7 ) 7
wai.le in whole or-in paft a.ny ef the foregoing applieation r-e-quir-ements upon a finding
er for-the rotee ien of health, safe- and welfue. The Te,,,n Bea fa r-eselution shall
specify the—reason-for-the grant or denial. T�waiver-is granted, the Town B ar- may
.,ttae . .,to n.liti„ns to matte+the publie interests.
Article IV III. Enforcement
§ 205-8. Modification or rescission of permit.
If, after a permit is issued, the Town Board
determines 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.
§ 205-9. Penalties for offenses.
A. It shall be unlawful for any owner, occupant or his/her agent 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.
B. For each offense against any of the provisions of this chapter or failure to comply with a
written notice, directive or order of the Director of Code Enforcement, Zoning Inspector
Generated July 6, 2018 Page 78
v
Southold Town Board - Letter Board Meeting of July 3, 2018
or the Southold Police Department within the time fixed for compliance therewith, the
owner, occupant or his/her agent 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) 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 of not less than $500 and not more than
$ ,5�0-$3,000.00.
(2) 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 and not more
than $1,500.00 $3,000.00.
(3) For each subsequent offense of§ 205-913(1) or(2), violators shall be guilty of a
misdemeanor and/or subject to a fine of not less than$500.00 $1,000.00 nor more
than $5,000.
C. No new special event permits will be issued to any property owner, occupant or his/her
agent if such person is a named defendant in an outstanding or unresolved violation of
this chapter.
D. 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.
III. 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
RESULT: ADOPTED [5 TO 1]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Ruland, Doherty, Ghosio, Evans, Russell
NAYS: James Dinizio Jr
Generated July 6, 2018 Page 79
��. 7-3 -IS
/� P 1h�s ' —rrop*
L7a:, A/c,A- 4 rn
July 3, 2018
To the Town Board
Main Road
Southold,NY
Re: Special Events Legislation
Dear Town Board Members:----
The
embers:---The need to find new ways to bring income into a farm on the North Fork is not, as
some presume,to greatly increase profits, it is in most years essential to make ends meet
or produce sufficient income to earn a living. The income producing season in farming is
very limited compared to the continual outflow of funds. The North Fork has large areas
of beautiful land preserved and maintained by farmers that are an asset to the community
in many ways but for which the farmers are not directly compensated. Photographers
photograph it, travelers and residents enjoy seeing it, and realtors and business
organizations tout it as the place to be. It would make sense to allow some number of
special events to occur on farms without an excessive permitting process. Without a
farm-based event process,the general public does not readily have access to a farm on
which to have a beautiful wedding venue, an agro-tourism event, a special family
function, an important charity fundraiser, or even an opportunity to learn first hand how a
farming operation works. Those last two items are not something you can get the feel for
in-a book or on line.
We ask that you defer passing the proposed legislation that changes the standards and
requirements for special events. A short administration fix if needed to address the
processing under the current code, if necessary, is one thing, but please do not try to
change the existing system beyond that until a full discussion has been had. Farmers
have lots more time after October and before March to deal with these issues.
Thank you for your consideration.
Very truly yours,
/12
-Ale-
G�l�CtY Y�
July 3, 2018
To the Town Board
Main Road
Southold,NY
Re: Special Events Legislation
Dear Town Board Members:
The need to find new ways to bring income into a farm on the North Fork is not, as
some presume, to greatly increase profits, it is in most years essential to make ends meet
or produce sufficient income to earn a living. The income producing season in farming is
very limited compared to the continual outflow of funds. The North Fork has large areas
of beautiful land preserved and maintained by farmers that are an asset to the community
in many ways but for which the farmers are not directly compensated. Photographers
photograph it, travelers and residents enjoy seeing it, and realtors and business
organizations tout it as the place to be. It would make sense to allow some number of
special events to occur on farms without an excessive permitting process. Without a
farm-based event process, the general public does not readily have access to a farm on
which to have a beautiful wedding venue, an agro-tourism event, a special family
function, an important charity fundraiser, or even an opportunity to learn first hand how a
farming operation works. Those last two items are not something you can get the feel for
in a book or on line.
We ask that you defer passing the proposed legislation that changes the standards and
requirements for special events. A short administration fix if needed to address the
processing under the current code, if necessary, is one thing, but please do not try to
change the existing system beyond that until a full discussion has been had. Farmers
have lots more time after October and before March to deal with these issues.
Thank you for your consideration.
Very truly yours,
g
K7 le- sfeeL
XV a#40CL �Ahl-
e
July 3, 2018
To the Town Board
Main Road
Southold,NY
Re: Special Events Legislation
Dear Town Board Members:
The need to find new ways to bring income into a farm on the North Fork is not, as
some presume,to greatly increase profits, it is in most years essential to make ends meet
or produce sufficient income to earn a living. The income,producing season in farming is
very limited compared to the continual outflow of funds. The North Fork has large areas
of beautiful land preserved and maintained by farmers that are an asset to the community
in many ways but for which the farmers are not directly compensated. Photographers
photograph it, travelers and residents enjoy seeing it, and realtors and business -
organizations tout it as the place to be. It would make sense to allow some number of
special events to occur on farms without an excessive permitting process. Without a
farm-based event process,the general public does not readily have access to a farm on
which to have a beautiful wedding venue, an agro-tourism event, a special family
function, an important charity fundraiser, or even an opportunity to learn first hand how a
farming operation works. Those last two items are not something you can get the feel for
in a book or on line.
We ask that you defer passing the proposed legislation that changes the standards and
requirements for special events. A short administration fix if needed to address the
processing under the current code, if necessary, is one thing, but please do not try to
change the existing system beyond that until a full discussion has been had. Farmers
have lots more time after October and before March to deal with these issues.
Thank you for your consideration.
Very truly yours,
r
bciv ed
Ma A)Y
July 3, 2018
To the Town Board
Main Road
Southold,NY
Re: Special Events Legislation
Dear Town Board Members:
The need to find new ways to bring income into a farm on the North Fork is not, as
some presume, to greatly increase profits, it is in most years essential to make ends meet
or produce sufficient income to earn a living. The income producing season in farming is
very limited compared to the continual outflow of funds. The North Fork has large areas
of beautiful land preserved and maintained by farmers that are an asset to the community
in many ways but for which the farmers are not directly compensated. Photographers
photograph it, travelers and residents enjoy seeing it, and realtors and business
organizations tout it as the place to be. It would make sense to allow some number of
special events to occur on farms without an excessive permitting process. Without a
farm-based event process, the general public does not readily have access—to-a farm on-
which to have a beautiful wedding venue, an agro-tourism event, a special family
function, an important charity fundraiser, or even an opportunity to learn first hand how a
farming operation works. Those last two items are not something you can get the feel for
in a book or on line.
-- We ask that you defer passing the proposed legislation that changes the standards and
requirements for special events. A short administration fix if needed to address the
processing under the current code, if necessary, is one thing, but please do not try to
change the existing system beyond that until a full discussion has been had. Farmers
have lots more time after October and before March to deal with these issues.
Thank you for your consideration.
Very truly yours, -
1
-TFZJ6ve-
���c� Ue-I AJ
#0002222310
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
weeks(s),successfully commencing on 06/14/2018
r
Principal Clerk
Sworn to before me this Iq
day of
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No O1VO6105050
Qualified in Suffolk County
My Commi56ion Expires February 28,2020
{ permitted use of the property in the applicable
i zoing dtstnet.or which-requires a parking
f area to accommodate all vehicles transporting,
1 attendees to the event that is larger than the
existing pazkuig capacity of the site that is
conducted or sponsored by a person,organ-
ization,entity or association,'including,but
°not limited to,carnivals,"circuses,fairs,ba-
zaars;outdoor shows and concerts,parades,
}walks,runs,marathons,bicycle races or mo-
1torcycle rallies, which may involve one or g
more of the following:
o A. The closing of a public street.
B. The use,blocking or restriction of Town
''property,roads or rights-of-way;
C. The-use of amplified sound exceeding
,the standards set forth in Chapter,180 of the
�Town Code.
D The sale ofmerchandise that is not or-it
jdinanly sold m the normal course of the ap-
'plicant's business.
?E. The sale or service of food to the public
pwith the exception of the following
(1) On land,used in agricultural produc-
hon,the sale or service of food products com-
posed pnmanly of ingredients produced on
i site;or -
I (2) On land used,in agricultural produc-
tion that maintains a winery or farm winery 1
license issued by the:New York State Liquor
Authority,the sale or service of food items
which customarily complement wine tastings I
and that are"ordinarily consumed while i I
standing,or walking and without the need for
i utensils ,
fF. The substantial increase,or disruption
of the normal flow of traffic on any street or
'lughwayl - r k
G. The placement of portable,toilets. M
!H. The placement of temporary no-parking
or-directional signs or banners.
;I. The use of any Town services that
;would not be necessary in the absence of such
an event.
,SPECIAL EVENT.COMMITTEE
FEe Special Even Committee also referred to 4�4
Jin his chapter as the"Committee"shall re- d
view apphcations forwarded to it by the Town
Clerk's Office. The Committee shall make
determinations as to the completeness of the
application,request further documentation as ¢
it deems'necessary as set forth in this Chapter. '
and make recommendations to the Town }
Board as to whether the application should be
granted or denied.The Committee shall con- '
sist of the Government Liaison Officer who
I,shall act as the Chairperson;the Chairperson t
i f the Zoning Board of Appeals or his or her
designee,'the Planning-Director or his or her
designee,the Chief of Police or.his of her
i designee,and;the'Chief Building Inspector
or his or her designee'The Town Attorney I "
shall act as counsel to the Committee.The i
Town Board shall appoint a secretary to-assist a
rthe Committee in the processing of apphca-
tions.
LEGAL NOTICE §205-3.Permit required.,
NOTICE OF PUBLIC HEARING' A. To preserve public peace,good order
-NOTICE IS HEREBY GIVEN there has and the health,safety and welfare of the resi-
been presented to the Town Board of the dents of the Town of Southold,special events p
Town of Southold, Suffolk County'New shall be prohibited in the Town of Southold
York,on the 22nd day of May,2018,a Local unless a special event permit is obtained In
Law entitled,"A Loeal Law in relation to-accordance with the requirements setforth m
Amendments to Chapter 205 Public En- this chapter and as follows:
tertainment and,Special Events"and : (1) All special events
NOTICE IS--HEREBY FURTHER .
and with an expected atteridance of iezis than
GIVEN that the Town;Boazd of the Town of
Southold will hold-a public hearing on the elumpbull of die Zuurug Bk�ifld Of Appeals
aforesaid Local Law at the Southold Town III
j he tourts bet forth it,Arm
Hall,53095 Main Road, �
Southold,New York, pl �shall require the issuance
I on the 3rd;day of July,2018 at 7:32 p.m.at of a Special Event Permit by a resolution of
which tune'all'interested persons will be the Town Board
given an opportunity to be heard.
The proposed Local Law entitled,"A Lo- with all—pected aiL'
Y cal-Law in relation to Amendments to
d Chapter 205,-Public Entertainment and
Special Events"reads as follows.
r sLOCAL LAWNO.2018 -
« B. The provisions of this chapter shall not
A Local Law entitled, A Local Law in rela- apply to:
:
tion to Amendments to Chapter 205 Public (1) Any event held on property owned by
- Enter tamment and Special Events" -any special district that Is contained on site
BE IT ENACTED by the Town Board of the and has adequate parking, ingress, egress,
Town of Southold as follows- traffic control,and sanitary facilities to host
Chapter 205. Public Entertainment and such an event;
Special Events (2) Any event held on property Article L,General Provisions P P rty owned by
§205-1,purpose ' _ a not-for profit for its own fundraising that is
It is the intent of this,cha ter to,establish contained on site and has adequate parking,ingress,-egress, traffic control.and samtary
procedures and requirements for conducting' facilities to-host such an event;
special events in the Town of Southold to (3) Occasional events on private residen-
,preserve the public peace,good order and the 'tial properties hosted by the owner thereof to
integrity of-the use regulations established celebrate family events,holidays,charitable
"odeG?he Zonia�Code_to properly�ovrde or'other not-for-profit fundrazsers however, j
for the health,safety and,welfare of the gen- any use of residential property fo-prof
t,-such"
eral public and to provide penalties for viola-
tions of the provisions herein as a venue for weddings or-other events,Is
§205-2.-Definitions. - Prohibited.
As used in this chapter,the—following—terms Articllee H. Special Events Requirin
shall have the meanings indicated: Char erson of Zoning Board of Appeals
I
PARKING CAPACITY-.For the Purpose �pproyal Permit e" ;
P be A lication Requirements and procedure
of this chapter,pazkiog-capacity shall-be the
numberofcais,limousinesorbu`sespermitted §205-4.A pplication requirements.
on the site according to,a site lana roved The following Information and materials are
by the Town of Southold Planning Board to be submitted with an application for q spe-
SPECIAL EVENT-Any temporary gather- c'Jal event permit.- _
uig,demonstration,performance,exhibition, A single apphca
I amusement or-activity that is not currently.a— b for a recurring event or a series
_
O's
f sunilaz events(not to exceed six in a _
month period)ar events
(not
totare a ke ed sixsize in a three E. A description of an
eI
A. A completed special event application cope noadedinoladlnnt to a Town, oI n to be dis- Town m general.
form which-includes the following tY or state (7) The impact of the event on the move= _
g informa-'display. g'size, location and dates of mens off equipment o
tion: ambulance
(1) The name,address and telephone num- F A certificate of in not less than service to the Town or to areas conk
_ber(s)of the person(s) $2 000 000 namin the Town of Southold as the event guous to
the event d- Owho will be or Article IV
apd who can be contacted pn1Z1to an additional Insured, (8) The impacts on adjacent M•Enforcement
and Burin Prior to G. Ae mum cleanu de osrt of$250. owners d° a surrounding,neighborhood. Modification or
g the event by Town officials g nei mit _ rescission of
(2) The address of the event location €H. � Town Board ether the owner,
(3) The p require the applicart to send and provide mer- special event a aPPh°ant or, If,after a permit is Issued, p
may eventspons- hasviolatedapreviouslyissued-
I Proposed dates and hours of[he P
special event,including seta hfication that written notice was sent to eve P pears
IJI121i 1:111,
{ times. P and shutdown property owner abutting every (10) Verification that there Board determines that antime T
Propertyg or adjacent to the standing violations on are no out= bons and/or statements contained in
(4) The expected maximum number of shown on there the event is to be held, as the property at which
Persons intended to use the current Town of Southold as- the event will be held or plication are materially inaccurate or any
time and collectively, including
Ione sessmentroll, unsatisfied conditions of Town ages yap-' y0air the conditions of the
g organizers, and dlrectiY opposite(by exten- Permit have not b
employees, vendors, sion of the lot lines through a street or n ht_ piOVal'including,but not complied with,the Town may serve the
s ectators/ exhibitors and 'way) roe g the Plan limited Boarosed
of mittee'sagent anotice ofrescissionofspec
P participants. property rty that is the subject t- Appeals
nig Board or the Zoning Board of
(5) Expected number of automobiles and the application.Said notice shall include the 1Permit specifying the manner in which
other vehicles intended to use the Property dae,time and location of tirepmposed s ecral ( ) Verification that the Permittee has not complied
one time and collectively, P at event. P mit will not violate an existing ant of the per P with the terms
e g covenants.or, Its Permit and/or Identifying the incorrect)
(6) The name, address 6•I• Notwithstandin easements on the property - formation su
and telephone g the foregoing. the Zoning sup
in the a
number of the p () (12) Whether a e g Board of A application. T3
person(s)who will be engaged Tower upon request b Permit has bee granted Appeals Chairperson or C
In
the preparation and/or sale of food,alcohol, for a prior event that was the s Town Board may,for good cause,
or beer andaco may waive in whole or ' e an applicant, tially similar in size and scope to the event rescind such a modify,
pt' n the State Liquor Author- foreforegoing a In p�any of the a dihons. P mut,absolutely or upon co),
ity,license and County Department of Health g g PPhcation re uire applied for and/or resulted in the Impacts de
Services a finding that sal requirementsq meats upon a fined in Subsection E 4 §X5-9.Penalties for offenses,
p writ number for the activity, s are not neces- O�(5),(6).(7)and(8)
(7) The name,address,and cellular tele- ary for proper are
of a e above. A. It shall be uiilawful for an
Phone number of anPhoation in accordance with the s Permit ap (13) Whether the frequency cupant or his/her agent or Y owner,oc
y security company forth in tandards set proposed special events on the site conPrior or stitutes _ Earl to 'Ply g any other person to
which will work on the premises,and a de- §205-SE(1)through(15)or for the P Y with an
scnptron of the duties to bePerformedProtection of healthsafe a change or intensification of the a chapter or to fail in anY provisions of this
tentTown Board's deter' ty and welfare The use of the roe Permitted with a written notice, a manner to,comply
(8) The dimensions of any tents to be nination of any waiver property rte necessitating a use van- directive or order of the
utilized for the event' All tP .� , , request shall be in writino ro+I... , ance or further site ola�.q._ Director of r,,,L, r
rent and S ectal r r 11w . – azxing, '"r
ACTED by the Town Boazd of the traff cacon control sanitary facilities to•host
!outhold as follows' ent and such an event; Owned by
205• Public Entertait►m (2) Any eventheld oIn fund ty,els s
a not-for profit for its own fundrazsing that is
Wents -
General Provisions contained on site and has adequate,parking,
urp�se. ingress egress, traffic control and sanitary
intent of this"chapter to,establish incl to host residen-
s and requirements for conducting favi- Oc as anal events on private
vents in the Town of Southold to (3) the owner thereof to
I good order and the tial properties ho events,holidays,chartable
he public peace,
P P
of the use regulations established celebrate family rofit fundraisers;however,
rovide ovother not-for-p for profit;such
e Zoning Code,to_properly P- en- any use of residentlal propeity P
61th safety and welfare of the g s or Other events,is
he and to provide penalties for viola- Prohibit d lilli for wedding urian
the provisions herein Article II. S oriel Events-1 a eals
Defmitions. terms Chai erson of Zorrin Board of A
I,in this chapter,the
following Approval Permit, !
rve the meanings indicated: —�
For the purposes A licatton Re uirements and procedure
ING CAPACITY a aciry shall be the §205-4 AppLcati°n requirements.
chapter,parking_ P following and materials are
roved Co be submitted with an application for a sPe_
rofcazs,hmousinesorbd,anapp tted Thefo owing
!site according to a site p Board vial event permit: single application -
ITown of Southold Planning gather-. P event-or a series Town rn general.
IAL EVENT-Any temporary g si age to be dis- "
( erfoimiance,exhibition, may b� e�ada foT a recurring A description of any g or state (7) The impact of the event on the move-ianct; IT _ Article IV M.Enforcement
monstration,p of similar events(not to exceed six in athree- E adjacent to a Town,county
ement or activity that is not currently a §205 8 Modification or rescission of per-
- `-- "�! month pen°d)that are of like size and scope playedincluding size, location and dates of service to the Town or opareas coat or ntiguous to inti
A A completed special event application
•display. the event r°nttdmg ea: If,after a per is issued,the th Town
t I form which includes the following F A certificate of insurance not less than 8 The impacts on adjacent property the Town
tion the Town of Southold as O of the representa-
owners and the surrounding neighborhood. Boazd determines that any
(1) The name,address and tlephone num $2'additional insured. Whether the owner, app tions and/or statements contained in the ap
__ber(s)of the petson(s)who will be organizing an
plication are materially inaccurate-or any of
P g The Chaz<peLson Tower may event sponsor has violated a previously issued per
have not been
the event and who can be contacted pnorto G. A minimum cleanu de ositr v d$250.
c r- special event permit• the conditions of the P
and during the event by Town officials. licant to send and p serve the pec-
10 verification that there area whir complied with,the Town may
(2) .The address of the event location. - require the app or assent t o the standing violations on the property rrtittee's agent a nonce of rescission of special
(3) The proposed dates and hours of the tification that wnttn notice was sent o every the event will be held or any outstanding or m the manner in which the
ro ertowner abutting ] enc a permit specifying
special event,including setup and shutdown property
where the event is to be held, as
but nld as- ot limited to,those of, permittee has not complied with the terms of
times. nurriber of shown on the current Town o Seroy extn pro' The
including,but of a Town agBoazd of its permit and/or identifying the incorrect in-
(4) The expected maximum formation supplied in the application. The
persons intended to use the property at one sessmenhe to and s directly°PP eels Chairperson or the
including organizers, Ston of the lot lines through astreet or right- the eallsstdng Board Or the �gof the per- Zoning Board of App
time and collectively, of the property that is the sub ect of Appeals.Verification that the gran Town Board may,for good cause,modify or
employees, vendors, exhibitors and tohf-ewapyp P P absolutely or upon con-
licatton Said notice shall include the ( ) _ rescind such per m(
spectators/particiPants• timeandlocahonoftheproposeds oriel e not
tthepropertystip covenants or dations
P y g
(5) Expected number of automobiles and ddaevent' the (12) Whether a permit has been granted 205-9 penalties for offenses•
Pc-
other vehicles intended to use the propertyI Notwithstanding the foregoing, owner,.oc-
one time and collectively. for a prior event that was the same or substan; -A• It shall be unlawful for oilier person to
address and telephone uest b an applicant, tially similar m size and scope to the evde- pc`-Iits�pent cupant or lusher agent or any P
(6) The name, Town Board,upon req Y lied for and/or resulted 5 the tmpaand(8)' provisions of this
who will be engagedp of the app fail to comply with any
number of the I erson(s) cohol, may varve in whole or in art any manner to comply
application requirements upon a ftned rn Subsection E(4),().(�,(� chapter or to fail in any
i in the preparation and/or
tithe Stage Liquor Author of food,al foregoing apP iure quire are not neves- above. riot or lowing with a written notice,directive or order of the
or beer and a copy 13 Whether the frequency of p
ity license and County Department of Health finding that sand req Director of Code Enforcement,Zoning -
special events on the site constitutes
s for proper consideration of a permit ap- ' ( ) spector or the Southold Police Department,or
Services permit number for the activity. plication in accordance with the standards set Proposed or intensification of the permitted manner not
(7) The name,address and cellular tele- f in§205-5E(1)through(15)or for the a changeroe necessitating a use van to conduct any special event in a
coin any m compliance with a permit issued pursuant
phone number of any security p rotchoto of health,safety and welfare The use of the Property site plan review.
which will work on the premises,and a de- p waiver nce or further P to this chapter and with the provisions of flus
Town Board's determination of any 14 If an applicant is requesting a special su mnt Code
scnption of the duties to be performed• uest shall be in writing to the applicant and ( ) of the rovi-
(g) The dimensions of any tents to be req B. For each offense against any P
as
the Town Board may the verification must be submitted from those sions of this chapter or failure to comply with
Di-
utilized for the event. All tents erectte - If allwaziver s grained for the grantor t the charities s list d on the pile roti Sapp ate than ' _ a written notice,directive or order of the Di-
connection with an event will require P attach appropriate conditions to pro (15) Any Other matters that relate to die, Ins ec-
roval of,the Building and welfare of the general pub rector of Code Enforcement,Zoning P
plication to,and the app public interest. for or the Southold Police Department within
Department. where §205-5.A lavation review rocedure and hecalth,safety compliance therewith,the
(9) Certification that the property Jstandards. the time fixed for comp g Other
_ P permit owner,occupant or ins/her agent or any
the event is to take place is not subject
to any applications for a special event per-'F. A deposit shall be made c of amount to person who commits,takes Part or assists in
covenant s restriction limiting its use,or if A. All apP such offense-or who
e of
based upon the estimated direct costs
acots following the cotiimissibn of any
the use is restricted by easement or oth ittit proposed event submitted least 60 days prior to be
eeto additional police and highway Y shall fail to comply with a written order of the
a copy of a survey°r'dragram depicting I�Town Clerk's Office.fmp�PPOn
reserved area where �— associated with the event.After the event,the - Director of Code Enforcement, Zoning ht-
easement area and any deposit will be used to cover such costs,and specor or the Southold Police Department
development rights are intact Upon receipt of an application deo monies remaining will be returned to the matrmr
the Tow Clerk any shall be subject to the following: Person
(10) The applicant must provide a vet the for event' ermit, p licant. (1) Failure to obtain a permit.Any p
irate of general liability insurance naming G Where the Town determines that there rs conducting a special event that is regulated
use the tie.
Town of Southold as an additional
occurrence or the Sc ectal Event Cometh to be forwarded to applicant. under this chapter without first obtaining a
with limits of$1,000,000 p ucurr by the B U on recei t of an a licatton the Com- -E s echfic Town benefit from the event or permit according to the Procedures outlined
such other limit as may be req mittee shall review thea licatton and make a Gariel dethe vositent tshall be madf a in an_proramount t o herein shall be subject to a fine of not less thiri
Town Board for events where expected attn determination as to completeness.Vfherrldie be determined prior to issuance of the permit $3 000.00.
dance exceeds 500 attendees. 500 andnotmorethan$
hcation fee. a determination that the a*rli- based u on the estimated direct costs attnb t9P�O�°eIIr () Failure to comply with the terms of a
B. TheThe app-tin app _ utable to additional police hi and permit Any P to comply with the
person failing P Y
(1) ,The fees for Special Event permits U on malum trims of a permit shall be subject o a fine of
erpers°n Co cleanu costs associated with the event.After not less than $500 and not more than
shall be ascribed b a resolution of the cation is complete, I b used in wthe eveill be
Town shall cause the•application and related own, such costs,aned ant monies remaining cover dvwtr $3 00.
each event - umentation to be distributed to any have oris- returned to thea licant.If the costs invoiced (3) For each subsequent offense of§205•
county or stat agencies that may J 9B(I)or(2),violators shall be guilty of a
diction over the event for their review and bthethe licant shacll be res eonsible for the adds- misdemeanor meanor and/or subject to a.fine of no
airm-I'l,I,I!r,_ftVxpeCWa2MI3oFcomment on any of the criteria set forth in•§ less than a$1000.00 nor more th'
205-5E of this article. Such referrals may tronal costs incurred b the Town as a result ofcl
arttnent-the Planning the St>eO ermit is not' $5,000.
include the Police Dep A s oriel• event p C. No new special event permits will h
Department, the Building Department, the H. P ti occupant<
office of the ZOrrin Board of A
eels the transferable and shall expire at the close of the r issued to any property owner, P
t>C th , Suffolk Coun Plann. Commission the event(s)for which it is issued. ued hereon- Mr his/her agent if such person is a named defer
Proposed osed- dant in an outstanding or unresolved violadc
f C. A general description of the p P Land preservation Department,the Code En der shall be displayed onetlie premises es during of this chapter.
event including: ert, the Fire lrtspept�
(1) The purpose of the event and de- forcement Departm thea olive officer or other en-; _ D T7ieTownMay also maintarn urisd
the Assessors' Office and/or the inspection byentp d shall be availableother
for proceeding in a court of comp J
scription of the nature of th s on fee activitiesto be
be Town Attorney the die forcement officer of the Town upon uired for tion to compel compliance with or to festra
carried on and the admi C. Upon receipt of comments, J Applications for tent permits re( by injunction the violation of this chapter
charged,if any. event must be submitted directly to the b nction BILT1y
(2) The name's of groups,organizations, Buildin Department. a h section,
If any clause,sentence,pazagr p ,
chanties or individuals who shall benefit from Com shall review the complete app ca an
It—and a recommendation to the Town At the sole discretion of the Commute P of this Local Law shall be adJudged
the proceeds of the event. Boazd as whether to ant thea licadon K• any court of competent jurisdiction to be
D A parking/event plan showing:
ti 1) �The size v the peT
roperty and its lova- den the licahon or ant thea licatton a hcatrons that arto
e submitted less than valid,the judgment shall not affect ethvea
( abutting streets or high- with conditions. o ae�Ofe nwheth lica� aectd oys srbe on tiered sub ert to the ae ity,Of�s law as a whole or any part
tion in relation t� = recommend approleeother than the part so decided to be uncor
j ways. existing hon the Conuntttee
shall-cons ider the critna lgi! 5t6 a in aI from demnal of a special• other
th n invalid.
' (2) The size and location of any, set forth in subsection"E" of flus section. events N EFFECTIVE DATE
building(s)or structure(s)that will be in op
An applicant who is denied a permitby the tire' This Local Law shall take effect rtnmedia
eration during the course of the event and any upon filing with the,Secretary of Stat
proposed building, structure or signs to be D Y PP Y
p for the event Tow=Boazd ma a 1 to the Town Board for provided by law.
erected temporarily a or tents,If reconsideration of the application by filing an y 2018
(3) The location of the stag appeal with the Town Clerk within 10 days of �. Dated May 22, BY THE ORDER OF
Y. SOUTHOLD TOWN BO
(4) The designated areas of use for spec- The Committee shall make a pec- the date of the dental A complete copy of the Elizabeth A.No-
application shall accompany
tators,exhibitors,vendors,employees and or- ocr on to the Town Board within 30 app 11— Southold Town"
ganizers. days of receipt of a complete apphcation. uest for reconsideration The Townn
(5) The location of all exits on recei t of an a ltcation from the the req following a public"hearing, of- °nOv°1Qg O�
(6)• The location of all fie extinguishers E U lm amend or reverse the determination thc,
S ectal Events Committee,the Town Board Boar may,
r and other fire safety equipmentutilities shall review d make a deter
thea' lira ant thea lir hon as f J conditions
t (7) The location of all temporary urination whether to;
t to be installed for the event,if any. t the its prior decision subject to any
Pt de deemed appropriate under the circumstances.
(8) The layout of any parking area for a lied for deny the application,orgran
automobiles and other vehicles and the areas application with condition termination the Town Board shall con consider the
of ingress and egress for such parking i
fi-The parking spaces must allow for 300 square fol(1)inThe size and capacity of the site to
e feet per car.
(9) A traffic control plan for vehicles en- accommodateecirlittes available.'nt.
tering and leaving the site for the proposed (3) The availability of highways and
event.
(10) A plan for the use of live outdoor other means of transportation to and from the
music,loudspeakers and other sounds which. site. The impact of the event on the safe
will be used,if
any,and the type and location (4),
of speakers and other audio equipment- and orderly movement of traffic within and ---Nutwitirstoilmur,
(11) A description of emergency access co(5)°OThe method for the Town to police such
and facilities related to the event. gar-
event,and whether the number of'police of-
(12) provisions o dispose of any g facers assigned to properly police such event^
bage,trash rubbish or other refuse. the TownProviding ade- fortlrirr O°e
(13) The location and a description of will prevent
r olive protection to the remainder of the
any additional lighting to be utilized m con- q P
Town.
junction with the event. facilities on (6) The impact of the event on fug and
(14) The location of sanitary police protection and ambulance service to �m
site. the areas contiguous to the event and o the
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Lynda M. Rudder, Deputy Town Clerk of the Town of Southold,New York being duly
sworn, says that on the 6th day of June , 2018,a notice of which the annexed printed
notice is a true copy was affixed, 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.
PH 7/3 7:32 pm - Chapter 205, Public Entertainment and Special Events
ynda M. Rudder
Southold Deputy Town Clerk
Sworn before me this
6th day of June , 2018.
&A&-J DML
NotarkYublic
BONNIE J.DOROSKI
Notary Public,State Of New York
No. O1D06095328, Suffolk County
Term Expires July 7,20 ,
Rudder, Lynda
From: Neville, Elizabeth
Sent: Tuesday,June 26, 2018 9:33 AM
To: Weisman, Leslie;Verity, Mike; Lanza, Heather; Doherty,Jill; Doroski, Bonnie; Duffy, Bill;
Ghosio, Bob; Hagan, Damon;Jim,Dinizio; Standish, Lauren; Louisa Evans; Neville,
Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski,
Michelle;William Ruland
Cc: ploeb315@aol.com
Subject: FW: Paul Loeb - Re: Chapter 205 Special event3
Comment for inclusion into the public record on Public Hearing on Special Events
7/3/18.
Elizabeth A. Neville, MMC
Southold Town Clerk,Registrar of Vital,Statistics
Records Management Officer;FOIL Officer
Marriage Officer
PO Box 1179
Southold,NY 11971
Tel.631765-1800,Ext.228
Fax 631765-6145
Cell 631466-6064
From: ploeb315@aol.com rmailtoploeb3150)aol.com]
Sent: Monday, June 25, 2018 5:13 PM
To: Neville, Elizabeth
Subject: Paul Loeb - Re: Chapter 205 Special event3
Thank you for this.
I am inquiring and writing specifically regarding the Brecknock Hall building at 1 Brecknock Road, Greenport that regularly
uses the historic mansion as a catering hall. Their allowed usage of the historic building is for indoor weddings among
other indoor activities but almost every weekend in the summer and fall months they have a large tent and loud amplified
music and speaking (announcing wedding party, etc.) outside. They run their catering hall as a non-profit and I hope the
following language from the new law does not allow them to forego the permit process.
"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,"
If applicable, can you please make my comments part of the record as i will not be able to attend tomorrow's meeting.
Thank you.
Paul Loeb
1050 North Road
Greenport, NY 11944
631-553-5255
-----Original Message-----
From: Neville, Elizabeth <E.Neville(c)town.southold ny.us>
To: 'ploeb315@aol.com' <eloeb315(cb,aol.com>
1
Sent: Mon, Jun 25, 2018 1:58 pm
Subject: Chapter 205 Special event3
As requested.
Elizabeth A. Neville, MMC
Southold Town Clerk,Registrar of Vital Statistics
Records Management Officer;FOIL Officer
Marriage Officer
PO Box 1179
Southold,NY 11971
Tel. 631765-1800,Ext.228
Fax 631765-6145
Cell 631466-6064
2
F_
Neville, Elizabeth
From: Neville, Elizabeth
Sent: Tuesday,June 26, 2018 9:33 AM
To: Weisman, Leslie;Verity, Mike; Lanza, Heather; Doherty,Jill; Doroski, Bonnie; Duffy, Bill;
Ghosio, Bob; Hagan, Damon;James Dinizio; Lauren Standish; Louisa Evans; Neville,
Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us);
Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland
Cc: ploeb315@aol.com
Subject: FW: Paul Loeb - Re: Chapter 205 Special event3
Comment for inclusion into the public record on Public Hearing on Special Events
7/3/18.
Elizabeth A. Neville, MMC
Southold Town Clerk, Registrar of Vital Statistics
Records Management Officer; FOIL,Officer
Marriage Officer
PO Box 1179
Southold,NY 11971
Tel.631 765-1800, Ext.228
Fax 631 765-6145
Cell 631 466-6064
From: .ploeb3150aol.com [mailto:ploeb315@aol.com],
Sent: Monday, June 25, 2018 5:13 PM
To: Neville, Elizabeth
Subject: Paul Loeb - Re: Chapter 205 Special event3
Thank you for this.
I am inquiring and writing specifically regarding the Brecknock Hall building at 1 Brecknock Road, Greenport that regularly
uses the historic mansion as a catering hall. Their allowed usage of the historic building is for indoor weddings among
other indoor activities but almost every weekend in the summer and fall months they have a large tent and loud amplified
music and speaking (announcing wedding party, etc) outside. They run their catering hall as a non-profit and I hope the
following language from the new law does not allow them to forego the permit process.
"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;"
If applicable, can you please make my comments part of the record as i will not be able to attend tomorrow's meeting.
Thank you.
Paul Loeb
1050 North Road
Greenport, NY 11944
631-553-5255
-----Original Message-----
From: Neville, Elizabeth <E.Nevilie(ab-town.southold.ny us>
To: 'ploeb315@aol.com' <ploeb315(d_)aol.com>
1
Sent: Mon, Jun 25, 2018 1:58 pm
Subject: Chapter 205 Special event3
As requested.
Elizabeth A.Neville, MMC
Southold Town Clerk,Registrar of Vital Statistics
Records Management Officer;FOIL Officer
Marriage Officer
PO Box 1179
Southold,NY 11971
Tel.631765-1800,Ext.228
Fax 631765-6145
Cell 631466-6064
2
Y
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 22"d day of May,2018, 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 aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold,New York, on the 3rd day of July, 2018 at 7:32 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. 2018
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:
Chapter 205. Public Entertainment and Special Events
Article I. General Provisions
§ 205-1. Purpose.
It is the intent of this chapter to establish procedures and requirements for conducting special
events in the Town of Southold to preserve the public peace, good order and 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.
§ 205-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PARKING CAPACITY - For the purposes of this chapter,parking capacity shall be the
number of cars, limousines or buses permitted on the site according to a site plan approved by
the Town of Southold Planning Board.
SPECIAL EVENT -Any temporary gathering, demonstration, performance, exhibition,
amusement or activity that is not currently a permitted use of the property in the applicable
zoning district or which requires a parking area to accommodate all vehicles transporting
attendees to the event that is larger than the existing parking capacity of the site 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, which may involve one or more of the following:
A. The closing of a public street.
B. The use, blocking or restriction of Town property, roads or rights-of-way;
C. The use of amplified sound exceeding the standards set forth in Chapter 180 of
the Town Code.
D. The sale of merchandise that is not ordinarily sold in the normal course of the
applicant's business.
E. The sale or service of food to the public with the exception of the following:
(1) On land used in agricultural production, the sale or service of food
products composed primarily of ingredients produced on site; or
(2) On land used in agricultural production that maintains a winery or farm
winery license issued by the New York State Liquor Authority, the sale or
service of food items which customarily complement wine tastings and
that are ordinarily consumed while standing or walking and without the
need for utensils.
F. The substantial increase or disruption of the normal flow of traffic on any street or
highway.
G. The placement of portable toilets.
H: The placement of temporary no-parking or directional signs or banners.
I. The use of any Town services that would not be necessary in the absence of such
an event.
SPECIAL EVENT COMMITTEE
The Special Even Committee also referred to in his chapter as the "Committee" shall review
gpplications forwarded to it by the Town Clerk's Office. The Committee shall make
determinations as to the completeness of the application request further documentation as it
deems necessary as set forth in this Chapter, and make recommendations to the Town Board as
to whether the application should be granted or denied. The Committee shall consist of. the
Government Liaison Officer, who shall act as the Chairperson; the Chairperson of the Zoning
Board of Appeals or his or her designee; the Planning Director or his or her designee; the Chief
of Police or his or her designee, and; the Chief Building Inspector, or his or her designee. The
Town Attorney shall act as counsel to the Committee The Town Board shall appoint a secretary
to assist the Committee in the processing of applications.
& 205-3. Permit required.
A. 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 and as follows:
(1) All special events on pr-ivate prepefty and with an expeeted attendanee of less
than 1,000 a4endees shall obtain approval f o f the 7..,,inBoard
v t L C N n
ef
Appeals in aeeer-d vi+r '9 t 11111J set
Vt D_ in
A_ _1_ 11 of
this
„L.,.pter— shall
LL 1V_ll- Y
require the issuance of a Special Event Permit by a resolution of the Town Board.
(2) All�T,F7 -pirprivate f7iyf7cr-c'-yv1L11 an expeeted attendanee exeeeding
1,000 attendees or speeial events - Tvvvu propertyshall obtain the approval
+11 T Board
as + forth
in A"+i 1 M of L1i SLZ11,C{ter,
B. The provisions of this chapter shall not apply to:
(1) 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;
(2) 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;
(3) 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.
Article II Special Events Requiring Chairperson of Zoning Board of Appeals Approval
Permit
Application Requirements and Procedure
205-4. Application requirements.
The following information and materials are to be submitted with an application for a special
event permit. Th ' V Beard of Appeals m t "A single application may be
office uauy ,,,.,.,,�
made for a recurring event or a series of similar events (not to exceed six in a three-month
period) that are of like size and scope.
A. A completed special event application form which includes the following information:
(1) The 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.
(2) The address of the event location.
(3) The proposed dates and hours of the special event, including setup and shutdown
times.
(4) The expected maximum number of persons intended to use the property at one
time and collectively, including organizers, employees, vendors, exhibitors and
spectators/participants.
(5) Expected number of automobiles and other vehicles intended to use the property
at one time and collectively.
(6) The name, address and telephone number of the person(s) who will be engaged in
the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor
Authority license and County Department of Health Services permit number for
the activity.
(7) The name, address and cellular telephone number of any security company which
will work on the premises, and a description of the duties to be performed.
(8) The dimensions of any tents to be utilized for the event. All tents erected in
connection with an event will require an application to, and the approval of, the
Building Department.
(9) Certification that the property where the event is to take place is not subject 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.
(10) The applicant must provide a certificate of general liability insurance naming the
Town of Southold as an additional insured with limits of$1,000,000 per
occurrence or such other limit as may be required by the Town Board for events
where expected attendance exceeds 500 attendees.
B. The appro rp iate An application fee.
(1) The fees for Special Event permits shall be proscribed by a resolution of the Town
Board in the folio +s for „t, event:
q�> + ,cze the cnpee+ca-cc+cidaicc-rsrieou than cnn L4 eIdVVU• $150
R)===- vrevents where tne cipee+ca'utt€iauree_io cnn to 1,000 u+tondo° $250.
kah==::AppIieatieas+t,.,+a-re „b.. iaed less than
days Yi.va to the proposed
be r�eeted or subjeet to a late preeessing fee of$250.
C. A general description of the proposed event including:
(1) 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.
(2) The names of groups, organizations, charities or individuals who shall benefit
from the proceeds of the event.
D. A parking/event plan showing:
(1) The size of the property and its location in relation to abutting streets or
highways.
(2) 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.
(3) The location of the stage or tents, if any.
(4) The designated areas of use for spectators, exhibitors, vendors, employees and
organizers.
(5) The location of all exits.
(6) The location of all fire extinguishers and other fire safety equipment.
(7) The location of all temporary utilities to be installed for the event, if any.
(8) 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 square feet per car.
(9) A traffic control plan for vehicles entering and leaving the site for the proposed
event.
(10) A 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) The location and a description of any additional lighting to be utilized in
conjunction with the event.
(14) The location of sanitary facilities on site.
E. A description of any signage to be displayed adjacent to a Town, county or state road,
including size, location and dates of display.
F A certificate of insurance not less than $2,000,000 naming the Town of Southold as an
additional insured.
G. A minimum cleanup deposit of$250.
F-.H. The_Ghakpeersen Town Board 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.
G-J. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals 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 in accordance with the standards set forth in
§ 205-5E(1) through(15) or for the protection of health, safety and welfare. The Town
Board'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 Town Board may
attach appropriate conditions to protect the public interest.
$ 205-5. Application review procedure and standards.
A. All applications for a special event permit must be submitted at least 60 days prior to a
proposed event to the Zoning Board ef Appeals Town Clerk's Office. Any applie
that is 1 + net be aeeepted and r'�
r
" r e Upon receipt of an
application for a special event permit the Town Clerk shall cause the application to be
forwarded to the Special Event Committee.
B. Upon recent of an application the Committee shall review the application and make a
determination as to completeness. 1111flfhe. Chairperson of the Zenino Board "�
Appeals Upon making a determination that the application is complete, tefi: roes s�' '
the Ch^iperc^nCommittee shall cause the application and
related documentation to be distributed 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 § 205-5E of this article. Such referrals may include the Police Department, the
Planning Department, the Building Department, the Office of the Zoning Board of
Appeals the Suffolk County Planning Commission, the Land Preservation Department,
the Code Enforcement Department, the Fire lrispecter Marshal, the Assessors' Office
and/or the Town Attorney.
C. Upon receipt of comments, the the Chairperson of the Zoning Board of ""'peals
Committee shall review the complete application and make a recommendation to the
Town Board as whether to grant the application deny the application or grant the
application with conditions In considering whether to recommend approval or denial of
the application the Committee shall consider the criteria set forth in subsection"E" of
this section. + --- whether-+ +" „ r"SAa +
`� the rM"t v�u�+ uvv' ivia
are required, or upon the submission of a revised applieation,
Chair-persen of the Zoning Board ef Yr may „y rr
rove the appheation
eenditions The Committee shall make a recommendation to the Town Board within 30
days of receipt of a complete application.
E. Upon receipt of an gpplication from the Special Events Committee the Town Board shall
review the application and make a determination whether to; grant the application as
applied for deny the application or grant the application with conditions. In making its
determination the Town Board 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 highways and other means of transportation to and from the
site.
(4) The impact of the event on the safe and orderly movement of traffic within and
contiguous to the event.
(5) The need for the Town to police such event, and whether the number 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) The 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) The impact of the event on the movement of firefighting equipment or ambulance
service to the Town or to areas contiguous to the event.
(8) The 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 Subsection E(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 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.
(15) Any other matters that relate to the health, safety and welfare of the general
public.
F. 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.
G. Where the Town determines that there is no specific Town benefit from the event or that
the event is conducted for profit an additional 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 cleanup 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 If the costs incurred by the Town exceeds the amount
deposited the applicant shall be responsible for the additional costs incurred by the Town
as a result of the Special Event.
H. A special event permit is not transferable and shall expire at the close of the event(s) for
which it is issued.
I. 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.
J. Applications for tent permits required for any event must be submitted directly to the
Building Department.
K. At the sole discretion of the Committee applications that are submitted less than 60 days
Prior to the proposed event may be rejected or be considered subject to the applicant
paving a late processing fee.
$ 205-6. Appeal from denial of a special event permit.
An applicant who is denied a permit by the the Ghaifper-son of the Zoning Beard of Appeals
Town Board 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 Off e oft e Zoning Beard of ApPeals shall accompany the request
for reconsideration. The Town Board may, following a public hearing, affirm, amend or reverse
the determination the Chairperson of the Zoning Bear of Appeals its prior decision subject to
any conditions deemed appropriate under the circumstances.
Ai4iele M. C 1 Events Requiring 1 Appr-ova
Town TZr..,r N N
§ 205 7. Events held T ,
,%lands or-events exceeding 1,000 attendees-.
A. Any event held on property owmed, !eased or-cent-r-olled by the Toyffi or-any event where
the - + .l ++ .l ee exeeedTr00vTpeop1le shall be subjeet to approval y resolution
of a majority of the Town Beard fellowing the submission of an appheation to the TeVM
Clerk 60 � prior proposed
Town Beard may eensider the following efitefia in addition to the er-iteria set forth in-*
enc 5E .,t ey, .
(1) The size of the people attending
l,
!7\ Tsufficiency f affangements
and refits.(,-
(3) The fifequeney of events proposed or-approved for-the premises and whethe
persistent usage property
`1 J b
incompatible with its ehar-aeter-or-with that of the suff ounding area.
fy
he
r-oads or-faoilities involved.
!G\ �xll,y+l,•,•••+L..,_ .,1. �_+l,rA---- use of
-+ � � 'for failure to -- -1 '+1- +1--eterms-of
parkshe
as been
this ehapter-within the past three years.
(6) Adher-enee to the Town Beard pehey of di �wenls at Town beaehes
from+1, Friday before the obno.n ,r,nn f Ad
�YLL
111V 1 Day +il Labor Da-
are not sufficient r-esour-ees to ensure publie health and sa��, the To�Am Board
shall leny one or more penn'+ if the impaets of the events eanr,ot_be mitigated.
Aqaen deeiding whieh event to deny, the Tovffi Board shall eonsider
f 1
(a) Aq etl,er•the a err+ is ren
!br\ Whether the site 1, b ubjeet to a violation 'tL,' the last three
permit
een
years.-
(e)
e
! ) TLe . ,+e the arlieetier = "J JUV31+tVK.
(,l) if events oeeuffe,l the or- .,lona.,,.=,e the Chairperson of the Zoning
Board f Appeals shall 'der „, ,t their; ret-was on tau+ u1eK
of tl,e
(e) Whether the event :11 yield a donation to ene or more le .,1 chafities.
B. For any speeial eveiA that is to be held on!and oymed, !eased or eentr-olled by the To
of e
the application shall include the following�
(1) A eemp1 t .1 speeial event oar 1' t' form l,' l eent the fellewing
in
(a) The
per-son(s) who will be organizing the eveRl and who ean be conlaeted
t .1 duringthe event by Te==,rr effinaln
(b) The proposed event loeation and type-o��
(n) The Y r rl dates a L,e,rr.s of the epee 1 event, 1 rl' setup .,n
r
shutdown times.
((1) The expee+ .1 maximumnumber of persons intended+ use tl - j i it
one time a 11 +' 1 1 .1' erg employees, vendors,
Y
�i a eYoe
exhibitors and speetator-s/paFtieipants-.
(el if thereare ni
C / � r r-equir-ements needed for the event, ineluding, b
+ limited to, r 1: rr
e e or_read elesu-r-es.
!71 A application r,f thestun of$250 for events vv1' t1' r t rl Re.•.d
/
,1oes t emeee,a 1,000 attendees-.
!3) n r.t'� + f' er, t 1 than $2,000,000 the Tom; fe l�srlrreora
�/ __ -____-______ _- _ 11VL less naming
as an additional ' .1
!/1\ n minimum elearmp
deposit
rIea s;t of$250.
(C) Where t, Town 1t1111)that there
+ 'f Toy- benefit+ f - theeve
+
or that the event is eendueted for-profit, an additional deposit shall be made in an
amount to be detefmined prior-to issuanee of the pefmit based upon the estimated
with the evei4. After the event, the depesit will be used to--— suel an
7
any monies r,b will be ret .1 to the applicant
.,t
(6) A additional information
,000 attende >
it
1' t' shall 1 r1 11 information under R 205 4A, !� d T+ 11
as
rr required
the f lle==,;r,.,r.
(1) A pl:ee+:er, fee of$350.
(') A certifieate+ f' e not less than$2,000,000 naming the Toyffi of Sout
as an 1.1't' l ..e.1
(2) The T Board w the app1' t t sen' r provide eortifieationNffi
I evffi
tt notioe was sentnot' t ,-t eyffler .,btAtir, r adjaeent to tl,e
y prop ✓
assessmentproperty wher-e the evei4 is to be held, as shovffi on the etirfei#Tom% of Southold
11 .7 .1' +1 opposite (b,y extensionof the lot lines+b 1,
Z11V4Lt'.114L
date,street or-right of way) of the preperty that is the subj eetef the appheation. Said
notiee shall inelude the
D. Not-Mthstanding the fer-egoing, the Town Beard, upon request by an 7
May
waive in whole or iR of the l 11t 114J upon k
r r �v^ v 11
6 6r-the protection of health, safety and welfafe. The Tovffi Board resolution shall
specify the reasen f the gr-av,+ denial. if a waiver is b. ., r
Trn-, T2...,r..l m
granted, + may
Article IV III. Enforcement
205-8. Modification or rescission of permit.
If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or the Town Board
determines 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.
205-9. Penalties for offenses.
A. It shall be unlawful for any owner, occupant or his/her agent 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.
B. For each offense against any of the provisions of this chapter or failure to comply with a
written notice, directive or order of the Director of Code Enforcement, Zoning Inspector
or the Southold Police Department within the time fixed for compliance therewith, the
owner, occupant or his/her agent 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) 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 of not less than$500 and not more than
$1,500. $3,000.00.
(2) 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 and not more
than $1,500.00 $3,000.00.
(3) For each subsequent offense of§ 205-9B(1) or (2), violators shall be guilty of a
misdemeanor and/or subject to a fine of not less than $500.00$1,000.00 nor more
than $5,000.
C. No new special event permits will be issued to any property owner, occupant or his/her
agent if such person is a named defendant in an outstanding or unresolved violation of
this chapter.
D. 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.
III. 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: May 22, 2018 BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A. Neville
Southold Town Clerk
PLEASE PUBLISH IN THE MAY 31, 2018 EDITION OF THE SUFFOLK TIMES AND
PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN
CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971.