This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare
of Town residents through the regulation of special events throughout
the Town.
As used in this chapter, the following terms shall have the
meanings set forth herein:
APPLICANT
A person applying for a special event permit pursuant to
this chapter.
PARKING CAPACITY
For the purposes of this chapter, the number of cars, limousines
or buses permitted on the site according to a site plan approved by
the Town of Sullivan Planning Board.
PERSON
An individual, association, firm, syndicate, company, trust,
corporation, department, bureau or agency or any other entity recognized
by law as the subject of rights and duties.
SPECIAL EVENT
A.
Any social occasion, performance, gathering, exhibition or activity, including, but not limited to, carnivals, circuses, festivals, fairs, bazaars, outdoor shows and concerts, art and cultural events, parades, celebrations, wedding receptions, ceremonies, demonstrations, marches, and exhibitions which meet all of the following [Subsection
A(1) through
(5)]:
(1)
Occurring on public or private property;
(2)
Having more than 100 persons in attendance at one time for such
specific event, which event is intended to be a singular event held
for a common purpose;
(3)
Conducted indoors or outdoors;
(4)
That is not currently a permitted use as of right on 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; and
(5)
Which also involves one or more of the following characteristics
which, when combined with other factors, could have an adverse impact
to health, safety and/or welfare:
(a)
The closing of a public street;
(b)
The use, blocking or restriction of Town property, roads or
rights-of-way;
(c)
The use or creation of amplified sound from any source associated
with said special event;
(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 or a farm operation
as defined by AML § 301(11), the sale or service of food
products composed primarily of ingredients produced at the farm operation;
or
[2]
On land used in agricultural production or a farm operation
as defined by AML § 301(11) 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 farm product
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 specific to the special event
to address matters of public health;
(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;
(j)
The use of water that would potentially involve the overtaxing
of the site's sanitary septic system and which would exceed the
County Health Department's approved capacity for the site's
sanitary septic system.
B.
This definition shall also apply to all uses of property approved
pursuant to a site plan, special use permit or variance by the Town
Board, Planning Board or Zoning Board of Appeals which meet the above
criteria.
TOWN
The Town of Sullivan, Madison County, New York.
TOWN BOARD
The Town Board of the Town of Sullivan, Madison County, New
York.
At the time of the filing of the permit application(s), the
applicant shall pay the Town a reasonable nonrefundable permit fee
as established from time to time by Town Board resolution. Such fee
may be waived when the event facilities have been previously inspected
or do not require any physical inspection as per the New York State
Building Code.
The following information and materials are to be submitted
with an application for a special event permit. The Code Enforcement
Officer may accept a single application for a recurring event or a
series of similar events that are of like size and scope.
A. A completed special event application form which includes the following
information:
(1) The name, age, residence, mailing address and telephone number(s)
of the applicant and a statement of the applicant's legal status,
such as individual, partnership, corporation etc. If the applicant
is a partnership, state the names and addresses of all partners and,
if a corporation, the name and addresses of all corporate officers,
together with a list of the names and addresses of all persons directly
in charge of the special event.
(2) The name, age, mailing 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.
(3) The address and location of the property where the special event
is proposed, including all lands to be used directly, indirectly and
incidental to the proposed special event or any part thereof. Also
attached to the application statements disclosing the nature of the
interest of the applicant relating to such property.
(4) The proposed dates and hours of the special event, including setup
and shutdown times.
(5) The expected maximum number of persons intended to use the property
at one time and collectively, including organizers, employees, vendors,
exhibitors and spectators/participants.
(6) Expected number of automobiles and other vehicles intended to use
the property at one time and collectively.
(7) 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.
(8) 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.
(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.
B. The applicant shall provide 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, if any.
C. 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.
(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, including the expected dB level
of any music, loudspeakers and/or other sounds and the type and location
of speakers and other audio equipment. A description of other amplified
sound expected to occur from the property with a good faith estimate
of the anticipated dB levels of the sound as measured from adjoining
property lines.
(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.
D. A description of any signage to be displayed adjacent to a Town,
county or state road, including size, location and dates of display.
E. A list of the addresses of properties within 500 feet of all physical
boundaries of the proposed event location with the names of owners
and their mailing addresses.
F. The Code Enforcement Officer may require, in his/her discretion,
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 Sullivan
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. Notwithstanding the foregoing, the Code Enforcement Officer, upon request by an applicant in writing, 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 this §
222-6 above, or for the protection of health, safety and welfare of the Town, its residents and visitors alike. The Code Enforcement Officer'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 Code Enforcement Officer may attach appropriate conditions to protect the public interest.
When prior special events have been approved for a location
under this chapter, the Code Enforcement Officer may institute an
expedited process for review and consideration of a special event.
In such instances, the submission requests will be reduced to only
the information relating to the change to such event from the previously
approved event and may be determined within five days of a complete
application. In addition, special consideration shall be given to
events associated with a farm operation as defined under AML § 301(11).
An applicant who is denied a special event permit or whose permit
was revoked, suspended or modified by the Code Enforcement Officer
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
Planning, Building and Codes Enforcement Department shall accompany
the request for reconsideration. The Town Board may, following a public
hearing, affirm or reverse the determination of the Code Enforcement
Officer subject to any conditions deemed appropriate under the circumstances.
The provisions of this chapter shall be administered and enforced
by the Town of Sullivan Building, Planning and Codes Enforcement Office
and/or the Town Attorney.
If any part or provision of this chapter or the application
thereto to any person or circumstance shall be adjudged invalid by
any court of competent jurisdiction, such judgment shall be confined
in is operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances.