Town of Southampton, NY Filming

No owner, lessee or any other person claiming any right or interest in property within the Town of Southampton shall cause, permit or allow any such property to be used for filming, as defined by § 162-1, unless, pursuant to an application therefor, a written filming permit has been issued by the Chief Fire Marshal.

Exemption. A permit pursuant to this chapter shall not be required if each of the following conditions is met:

(a)

Twenty-five or fewer individuals constitute the entire cast and crew engaged in filming; and

[Amended 6-12-2018 by L.L. No. 11-2018]

(b)

The filming takes place for a period of not more than three days; and

(c)

The filming does not obstruct a public roadway and/or sidewalk or any portions thereof and/or use any Town property or Town facility.

Application time frames.

Mandatory time frames. Applications for filming permits shall be on the form available from the office of the Town Clerk, shall contain all of the required information and material, and shall be filed with the office of the Town Clerk at least 20 days prior to the date the proposed filming will begin. Provided Town resources are available, late applications may be accepted at an additional fee.

Information and material to be submitted with completed application. As set forth therein, all applications for a filming permit shall include information and materials regarding the identity of the applicant, the nature of the production, the location of the property and any restrictions on the use thereof, proposed and existing structures, disposal of refuse, sanitary waste and sewage, water, parking, pedestrian and vehicular access, sound, music, lighting, security, fire protection, medical and handicap facilities, tents, signs, generators, inspection, use of Town facilities, and any additional information the Town deems relevant, all as may be amended or modified from time to time.

Rejection by Town Clerk. The Town Clerk shall have the authority to reject any application that the Town Clerk finds incomplete.

§ 162-3 Conditions for granting permit.

Liability insurance. Prior to the issuance of a filming permit and subject to review by the Town Attorney's office, the applicant shall furnish the Town with a comprehensive liability insurance policy, insuring the applicant and/or property owner against liability for damage to persons or property, with limits of no less than $1,000,000/$2,000,000, which policy shall name the Town as an additional insured and shall not be cancelable without at least 30 days' prior written notice to the Town. Additional comprehensive liability insurance policies, naming the Town as an additional insured, may be required.

Cost reimbursement. Where the expected number of cast and crew, the magnitude of the production or the duration of the filming may impact the health, safety and welfare of the public, as a condition to granting the film permit the Chief Fire Marshal and/or Chief of Police may require the applicant to reimburse the Town for the costs of increased police protection, public safety oversight, and public works facilitation, including any additional equipment, as may be deemed necessary by the Chief Fire Marshal and/or Chief of Police to adequately and safely control and protect the persons involved with the filming, the filming area and traffic in and around the area. Such costs shall include all necessary staffing and shall be provided to the applicant prior to the issuance of the permit.

Security instrument. The Chief Fire Marshal and/or Chief of Police may require the applicant to provide a letter of credit, bond or other suitable security instrument to secure compliance with conditions in the filming permit and to ensure adequate cleanup of the property after the film. In such circumstances, no filming permit shall be issued until the security has been provided to the Town Clerk. If the applicant fails to honor the permit conditions or to adequately clean up the property following the film, the Town may use such portion of the security as is required to remedy the situation.

Permit available on property. The filming permit issued hereunder shall be kept on the property during the filming and shall be presented for inspection by any enforcement officer or other duly authorized official or employee of the Town of Southampton upon request of such official or employee.

Compliance with minimum zoning setbacks. Where concerns exist regarding health, safety and welfare, the Chief Fire Marshal may require the filming activity, including any temporary structures or equipment erected in connection therewith, to comply with all applicable minimum zoning setbacks pursuant to Chapter 330 of the Town Code of the Town of Southampton. The Town may also, in its discretion, require a buffer zone at a distance greater than the minimum zoning setbacks.

Notification of adjoining property owners in residential zoning districts. Upon filing an application for a filming permit, if the property which is the subject of the application is within a residential zoning district, the Chief Fire Marshal may require the applicant to mail, by certified mail, return receipt requested, written notice that a filming permit application has been filed with the Town, to every property owner, as shown on the current Town of Southampton assessment rolls, of parcels abutting and directly opposite (by extension of lot lines through a street or right-of-way) the property which is the subject of the application. Said notice shall include the date, time, and location of the proposed filming, and proof of mailing shall be submitted to the Chief Fire Marshal in the form of an affidavit, with postal receipts annexed, in order to constitute a complete application.

If the property is a Town-owned facility, the applicant must obtain a facility use permit from the appropriate Town department before a filming permit may be issued.

§ 162-4 Review of application; issuance or denial, nontransferability and terms and conditions of permit.

Review of application. All applications for a filming permit shall be reviewed by the Chief of Police, Chief Fire Marshal, and the Town Planning and Development Administrator. Authorization of the Town Board shall be required if any Town highway or street is to be closed for the filming. The Chief Fire Marshal or Chief of Police may request an advisory report from the Planning Board, the Board of Trustees of the Freeholders and Commonalty of the Town of Southampton or from any other Town department or advisory board whose expertise and evaluation may be appropriate.

Issuance of permit. The Chief Fire Marshal or Chief of Police shall approve or deny a permit application within 30 days from the submission of a complete application and shall file a copy of the permit or notice of denial with the office of Town Clerk. The Chief of Police shall be responsible for approving/denying any application involving a public roadway. All other applications shall be approved/denied by the Chief Fire Marshal. In determining whether or not to issue a filming permit, the Chief Fire Marshal or Chief of Police shall consider the information provided in the permit application together with all other available information, including but not limited to those factors illustrated below:

The size of the property in relation to the number of people involved in the production.

The sufficiency of arrangements made by the applicant to control traffic, parking, noise, lighting and refuse, including the impact of the event on the safe and orderly movement of traffic within and contiguous to the filming, and the adequacy of emergency plans, including but not limited to a first-aid plan and a fire safety plan.

Possible conflicts with other films, special events and seasonal demands which may overtax or cause an undue burden on Town services.

Impact of the filming on the general health, safety and welfare of the Town.

(5)

Verification that there are no outstanding violations on the property at which the filming will be held or any outstanding or unsatisfied conditions imposed by the Planning Board or Zoning Board of Appeals, or any other Town agency or department, on such property or any other property owned or leased by applicant.

(6)

The accuracy and completeness of the information contained in the application.

(7)

Verification that there are no restrictions imposed on the property that would preclude or otherwise limit such uses or activities as proposed in the filming application, including the following:

(a)

Requirements and conditions related to a subdivision, site plan or special exception approval by the Planning Board.

(b)

Requirements and conditions related to an action of the Town Board, Board of Trustees, Zoning Board of Appeals or Conservation Board, pursuant to the Town Code.

(c)

Requirements or restrictions contained in any covenants, easements, indentures or other such protective legal instruments.

(8)

If the permit application was submitted to the Town Clerk within the required time frame as specified in § 162-2B.

Reasons for denial of a permit. A permit application may be denied by the Chief Fire Marshal or Chief of Police in relation to any of the factors illustrated above, as well as any reason illustrated below:

It is determined that there are inadequate Town resources available to ensure public health, safety, and welfare at or during the filming.

The filming will disturb the public peace and good order of the Town or adversely affect the use and enjoyment of adjoining properties or that the conduct of the filming will not be consistent with or will jeopardize the health, safety, or welfare of neighboring residents and/or the Town at large.

There are materially false statements or omitted relevant information in the application.

The applicant has failed to conduct a previously permitted filming and/or special event/parade permitted under Chapter 283 of the Town Code in accordance with the law or the terms of a permit, or both.

(5)

The applicant has not obtained the approval of any other Town or public agency within whose jurisdiction the filming or portion thereof will occur.

(6)

The filming is proposed to take place on property purchased by the Town through use of the Community Preservation Fund;

Site capacity. If permission to hold a filming is granted, the permit shall set forth the maximum number of persons permitted on site at any given time during the filming. The Chief Fire Marshal, in determining the maximum limit, shall consult with the Town's Traffic Safety Director, taking into consideration the capacity of the site, the facilities at the site and the availability of public highway and other means of transportation to and from the site.

Nontransferable. A filming permit is not transferable and shall expire at the designated time for the close of the event for which it is issued.

Terms and conditions of permit. The issuance of a permit pursuant to this chapter shall be deemed an approval of the application and shall require the applicant to undertake all actions proposed in the application for the control of traffic, parking, noise, lighting, refuse and the like. The filming shall be subject to any other terms or conditions imposed in the permit, or in any permit obtained from other applicable Town departments.

Privilege. The granting of a filming permit is a privilege and not a right and may be denied in the event the applicant fails to comply with any applicable provision of this chapter or for any other reason not prohibited by law.

§ 162-5 Application fees.

The application for a permit shall be accompanied by an application fee or a late application fee in the amount(s) established by resolution of the Town Board from time to time and paid by the applicant to the Town Clerk. The Town Clerk shall deposit application fees and late application fees into the general fund. Any contribution to the Town made part of an application's approval shall be accepted by the Town Clerk and deposited into a designated fund. Application fees may be waived at any time by and at the discretion of the Town Board.

§ 162-6 Amendment, modification, rescission or termination of permit.

Once a filming permit has been issued, any proposed amendment or modification to the application shall be filed with the Town Clerk at least 10 days prior to the filming if any of the conditions have changed. Such changes may include, but are not limited to, the date of the filming, the location of the filming, the number of production personnel, or the addition of tents. By resolution, the Town Board may require an additional fee for such amendments.

All changes in conditions necessitating the amendment will be accompanied by the appropriate certificates or permits.

The Chief Fire Marshal and/or Chief of Police shall review the proposed amendment and shall have the discretion to rescind or modify the permit due to changed conditions.

If, after a filming permit is issued, the Chief Fire Marshal and/or Chief of Police determines that any of the representations and/or statements contained in the application or any of the conditions or requirements of the permit or this chapter have not been met, the Chief Fire Marshal and/or Chief of Police may immediately rescind or modify such permit or terminate such filming.

If any conditions are not met during the filming, the Chief of Police or Chief Fire Marshal may terminate the filming or may suspend it until such conditions are met and may authorize Town personnel to take all necessary steps to effectuate such determinations.

If conditions exist that endanger the health, safety or welfare of those involved with the filming, the Chief of Police or Chief Fire Marshal may terminate the filming or may suspend the filming until such danger is corrected and may authorize Town personnel to take all necessary steps to effectuate such determinations.

In the event that a filming permit is rescinded prior to the scheduled event date, the applicant may appeal such determination pursuant to § 162-7 below.

§ 162-7 Appeals from denial of application or rescission of permit.

If the Chief Fire Marshal or Chief of Police denies an application for a filming permit or rescinds a permit, written notice of such denial or rescission, and the reason or reasons for such determination, shall be sent to the Town Clerk and, thereafter, mailed by the Clerk, via certified mail, return receipt requested, to the applicant at the address provided in the application. A copy of the notice of denial or rescission shall be filed with the office of Town Clerk and forwarded to all involved Town departments.

The denial of a permit application or the rescission of a permit may be appealed to the Public Safety Commission pursuant to this chapter and Town Code Chapter 19. All requests for an appeal hearing shall be made in writing and shall be filed with the Town Clerk within 10 days from the date of receipt of the written denial or rescission notification. Such request for an appeal shall set forth the grounds for the appeal and shall be accompanied by the appeal fee in the amount(s) established by resolution of the Town Board, which may be amended from time to time.

The Public Safety Commission shall conduct a public hearing or hearings with respect to any appeal. The Public Safety Commission shall fix a time and place for such hearing and shall provide for the giving of notice at least 10 days prior to the date of the hearing as follows:

By publishing a notice in the official newspaper.

By requiring the applicant to erect a white-and-black-lettering sign or signs measuring not less than two feet long and one-foot wide, which shall be prominently displayed on the premises facing each public street on which the property abuts, giving notice that an application for a filming permit is pending and the date, time and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the street line and shall not be less than two feet nor more than six feet above the grade at the street line. The sign shall be made of durable material and shall be furnished by the Town Clerk. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing date. No additional posting shall be required for any adjournment date. The applicant shall file an affidavit stating that there has been compliance with the provisions of this section.

If the land involved in an application is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the municipal clerk of such other municipality by the applicant.

By requiring the applicant to mail written notice of the date, time and place of the hearing, together with a copy of the application, by certified mail, return receipt requested, to every property owner, as shown on the current Town of Southampton assessment rolls, of parcels abutting and directly opposite (by extension of lot lines through a street or right-of-way) the property which is the subject of the application, proof of which shall be submitted to the Public Safety Commission on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed to it, confirming mailing of the notices at least 10 days prior to the hearing date.

At the public hearing, the Public Safety Commission shall give the appealing party and any other interested party a reasonable opportunity to be heard, in order to show cause why the determination of the Chief Fire Marshal or Chief of Police should not be upheld. The applicant shall provide any relevant information in response to that set forth in the written notice of denial or rescission. A written report and/or testimony from the Chief Fire Marshal or Chief of Police, detailing the reason or reasons for denial or rescission, shall be made part of the public hearing's record.

In determining the appeal, the Public Safety Commission shall consider all of the information provided at the hearing with all other available information, including but not limited to those factors illustrated below:

The size and type of the production;

The duration of the filming;

The potential impacts on Town resources, the public health, safety and welfare, the surrounding community and the Town as a whole, noise, traffic, aesthetics, and the character of the area.

The sufficiency of services or facilities (including but not limited to a parking plan, a first-aid plan, and a fire safety plan) that are reasonably necessary to ensure that the filming will be conducted with due regard for public health and the safety of participants and/or attendees.

The Public Safety Commission may sustain the determination of the Chief Fire Marshal or Chief of Police to deny or rescind a permit, or may reverse the determination, with or without additional conditions. A resolution of a majority vote of the Public Safety Commission is required for any such action. The Public Safety Commission shall render its findings in writing, no later than 10 days from the close of the public hearing. The Public Safety Commission shall notify the applicant of its determination by certified mail, return receipt requested, to the address provided in the application, within five days after such determination. A copy of the determination shall be filed with the office of Town Clerk and forwarded to all involved Town departments.

The decision of the Public Safety Commission shall be final and shall constitute the exhaustion of the applicant's administrative remedy.

§ 162-8 Penalties for offenses; cost recovery.

Any person who shall cause, permit or allow property to be used for a filming without having a written filming permit in accordance with the provisions of this chapter shall be guilty of a violation of this chapter.

A violation of any of the provisions of this chapter or of Town conditions, approvals or restrictions issued hereunder shall be punishable as follows:

A first violation of this chapter shall be a violation level offense punishable by imprisonment not to exceed 15 days and/or a fine of not more than $7,000;