[Added 2-25-2020 by L.L.
No. 2-2020]
The Board of Trustees of the Village of Lloyd Harbor (the "Board")
finds and determines that many of its larger homes are able to safely
accommodate a larger number of persons and vehicles than are common
to homes in residential zones of most other Suffolk County Villages.
As a result, such homes are sometimes the venue for family weddings,
charitable events and other "family-style" gatherings that garner
attendance substantially exceeding similar "family-style" gatherings
in smaller homes, but which are nevertheless generally customary and
incidental with the single-family residential zoning which accommodates
it. The Board further finds:
A.
Large gatherings on public and private properties can disturb nearby
residents in the peaceful enjoyment of their homes and property, interfere
with the general public's normal use of highways and other municipal
facilities and be harmful to the public safety and welfare of the
Village and its residents; and
B.
Large gatherings of people result in the need for some control over
traffic and parking, and can cause a strain on police services; and
C.
There is a need to differentiate between such large family-style
gatherings, and "commercial" uses which are generally prohibited in
residential zones (unless specifically excepted) as being not customary
and incidental to a single-family residential use and the residential
zones which accommodate it and prevent and eliminate hazards and nuisances
to the Village and its residents; and
D.
There is a need to provide for health and safety considerations (e.g.,
the availability of sanitary facilities and traffic/parking/crowd
controls which are sufficient to accommodate the gathering), in order
to protect sensitive natural resources currently existing within the
Village, and to preserve the single-family residential character of
the Village when otherwise family-style noncommercial gatherings are
reasonably expected to (or actually do) exceed 150 persons over the
course of a twenty-four-hour period; and
E.
There is a need to limit the number of family-style noncommercial
gatherings at the same location which are reasonably expected to (or
actually do) exceed 150 persons over the course of a twenty-four-hour
period, so as to minimize the cumulative impact on the people, flora,
fauna, and public pathways in and around the residential environment,
including (but not limited to) noise, traffic, lighting and other
impacts on the quality of life at (and surrounding) a given residence,
as well as the potential cumulative adverse impacts to the environment
that may be caused or exacerbated by allowing multiple large gatherings
to take place at a property in a calendar year.
A.
An owner, lessee or any other person claiming a right or interest
in residential property located within the Village of Lloyd Harbor
may cause, permit or allow such property to be used for up to two
noncommercial special events, as defined herein, within a calendar
year, upon notifying the Village Clerk at least 48 hours in advance
of the special event. Notification shall consist of either electronic
mail or letter to the Village Clerk or via a link on the Village's
website.
B.
In order to mitigate potential adverse impacts on the health, safety
and welfare of the Village and its residents, as well as to mitigate
potential adverse impacts on the environment in order to protect sensitive
natural resources currently existing within the Village which may
result from the cumulative impact of multiple special events being
held at a single property in a calendar year, no owner, lessee or
any other person claiming a right or interest in residential property
located within the Village of Lloyd Harbor shall cause, permit or
allow such property to be used for more than two special events, as
defined herein, within a calendar year unless a written special event
permit for the special event has been issued by the Village Planning
Board, in accordance with the following
(1)
Application for permit.
(a)
Application form. An applicant may obtain an application form
from the Village Clerk. The information requested on the application
form shall include, without limitation, the following:
[1]
The applicant's name, mailing address and telephone number,
with a copy of the deed to the property.
[2]
The proposed date, time and duration of the event, and the dates
of all prior special events conducted at the subject property within
the last calendar year.
[3]
A survey or sketch map of the special event location together
with the Tax Map number of the property.
[4]
A sketch plan depicting the proposed location(s) for parking,
outdoor areas proposed to be used, and the location of any tent(s)
and additional sanitary facilities.
[5]
On-site sanitary facilities available to attendees.
[6]
The number of anticipated attendees.
[7]
If food is to be served and the applicant or property owner
or operator is not the supplier, the name and address of the proposed
food vendor. Suffolk County Department of Health Services permits
may be required.
[8]
If security is to be provided by a vendor, the name of the security
company and a contact person and number for the same.
[9]
Proposed traffic control, security plan and emergency ingress
and egress plan for the event (security plans shall not be made publicly
available).
[10]
Proposed methods to enable emergency service vehicles
to safely access the premises in the event of a medical or other emergency.
[11]
Proposed outdoor loudspeakers, music, live or
recorded, and a description of the proposed use of loudspeakers and/or
music, including the starting time and duration.
[12]
Whether any alcohol will be served at the premises.
A special event license from the State Liquor Authority may be required.
[13]
The number of anticipated vehicles for attendees;
the location of any off-site parking areas and the size and location
of such off-site parking areas; any restrictions or limitations upon
such off-site parking location(s), including restrictions and limitations
contained in any deed or covenant or any natural feature such as protected
vegetation or wetlands. The Village shall have the right to require
such additional information, such as a survey or inspection of off-site
parking area(s), as Village officials deem appropriate to facilitate
review of the application.
[14]
If off-site parking is proposed, the traffic management
plan for the parking of vehicles and transportation of cars or guests
to and from the assembly site.
[15]
Whether any additional outdoor lighting is proposed,
and a description of the proposed lighting together with the location
of the same.
[16]
The proximity of the nearest residential structures.
[17]
If a tent is proposed, the size and placement
of the tent on the premises. Tents shall meet all necessary Fire Code
requirements and shall be reviewed for placement and proper ingress
and egress.
[18]
A name and contact number of a responsible party
who will be available to Village officials at the time of the event.
[19]
Consent to inspection: a statement that the applicant
consents to inspection of the premises by a police officer or other
enforcement officer, upon request, for the purpose of ensuring that
the terms and conditions of the permit are met.
(2)
Submission to Village Clerk.
(a)
Applications for special event permits, together with all information contained in § 205-9.2B(1), and a Short Environmental Assessment Form shall be submitted to the Village Clerk at least 60 days prior to the event.
(b)
The Village Clerk has the discretion to waive or modify the
submission deadline on a case-by-case basis.
(c)
A nonrefundable application fee. The Village Board, by resolution
duly adopted, from time to time shall establish or amend such fee
amount. The Village Board or its designee has the discretion to waive
such fee.
(d)
A current and valid certificate of insurance in a form and in
an amount acceptable to the Village Attorney, evidencing comprehensive
liability and property damage insurance coverage, but in no event
shall such insurance be less than $2,000,000 per occurrence. The Incorporated
Village of Lloyd Harbor, its officers, agents, and employees shall
be a named insured and certificate holder of all such policies, thereby
providing defense and indemnity from and against any claim, loss,
expense (including reasonable attorney fees) or damage resulting from
any activity for which the permit was issued. Such indemnity shall
not be limited by enumeration of any insurance coverage herein provided.
A.
Public hearings.
(1)
Not more than 60 days after the Planning Board has received such an application in a form satisfactorily complying with § 205-9.2B, the Planning Board shall hold a public hearing thereon at a time and place to be set by it. Not less than 15 days' advance notice of such public hearing shall be given by publication in the official Village newspaper and by service, in person or by mail, upon the following:
(a)
The applicant or applicant's attorney or other representative.
(b)
The owner or owners as shown on the current Village assessment
roll of each parcel of land contiguous to the boundaries of the subject
premises, including parcels across any abutting street embraced within
the prolongations of the boundary lines of the subject premises.
(c)
The owners of all land within 100 feet (whether contiguous or
not) from the boundaries of the subject premises, including land directly
opposite the subject premises extending 100 feet from the street frontage
of such opposite land.
(2)
The Planning Board may hold such further public hearings as
it may deem advisable on 15 days' notice to be given as aforesaid.
B.
All applications to the Planning Board pursuant to this § 205-9.2B shall be subject to review pursuant to 6 NYCRR 617, State Environmental Quality Review.
C.
The Planning Board shall deny, approve or approve with conditions
not later than 60 days after its final public hearing on the application.
D.
The Planning Board, in its discretion, may require the applicant
to post a bond in a reasonable amount to secure proper performance
of the applicant's duties and conditions imposed for the granting
of such use.
If an application for a special event shall be approved, such approval shall not be transferable but shall inure solely and specifically to the benefit of the applicants and others described in § 205-9.2B(1)(a)[1] of this article, unless the Board of Trustees shall by resolution consent to such transfer.
The fee for filing each application under § 205-9.2B of this article shall be as established by resolution of the Board of Trustees. In addition, the applicant shall reimburse the Village for all hearing charges and costs.
[Amended 12-21-1992 by L.L. No. 2-1992; 5-20-2019 by L.L. No.
1-2019; 2-25-2020 by L.L. No. 2-2020]
A.
Notwithstanding any of the foregoing provisions of Article V and V(B), no building or premises shall be used for any purpose which:
(1)
Is obnoxious or offensive to the surrounding community by reason
of causing or emitting unreasonable levels of odor, smoke, vapor,
gas, dust, garbage, refuse matter, glare of lights, radiation, noise
or vibrations, interference with radio or television reception or
other physical or electronic disturbance beyond the premises on which
such use is conducted.
(2)
Is dangerous or harmful to the health, peace, comfort or safety of
the community.
(3)
Tends to disturb or annoy the residents of the Village.
(4)
Involves any radiation or explosive menace or any serious fire hazard.
(5)
No
person shall make or cause to be made or continued nor shall any owner,
lessee or occupant of any land in the Village permit to be made or
continued on his/her premises any obnoxious or offensive level of
odor, smoke and/or vapor due to the smoking or vaping of cannabis
or concentrated cannabis as those terms are defined by § 222.00
of the NYS Penal Law, which either annoys, injures or endangers the
comfort, repose, health, peace or safety of others within the Village.
Any such odor or smoke and/or vapor which is detected a point 10 feet
beyond the property line of the premises or street where it is being
created shall be presumptive evidence of a violation of this chapter.
[Added 7-19-2021 by L.L.
No. 4-2021]
B.
The rental, leasing or subletting, and the advertisement thereof
by any means, of any dwelling or any portion thereof in the Village
for a term of less than 60 days is prohibited. Any homeowner renting,
leasing or subletting a dwelling in accordance with this subsection
must notify both the Village Clerk and the Village Police Department
in writing of the full name, address and contact telephone number
of the owner(s), any property manager and the individual(s) renting,
leasing, or subletting the dwelling at least five days in advance
of said activity. The Board of Trustees may grant a waiver of this
subsection for good cause shown.
