Town of Cortlandt, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cortlandt 10-10-1989 as L.L. No. 12-1989. Sections 211-5, 211-8 and 211-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Vehicles, abandoned — See Ch. 287.
Vehicle and traffic — See Ch. 291.
Zoning — See Ch. 307.
The Town Board of the Town of Cortlandt finds it to be necessary to establish a policy and procedure to be followed in considering requests by citizens of the town for use of town-owned property for parking purposes. The town-owned property in question includes areas in rights-of-way that are of excess width as well as individual lots owned by the Town of Cortlandt and presently not used for any other purpose. It is the intent of this chapter to formalize the procedure wherein a request would be considered by the town, but it is in no way to be construed or deemed to be an absolute right of anyone to use town property for parking purposes, and the Town Board still reserves the right to refuse anyone for any reason of the use of town property.
In order for consideration to be given to a person's request for his use of town-owned property for parking purposes, he must file with the Town Clerk an application which shall contain the name and address of the applicant; the purpose for which the town property will be used; a map showing the dimensions of the town property and the proposed parking area, especially showing ingress and egress and drainage facilities; and also a statement showing the need as to why the parking is required.
Upon receipt of the application, the Town Clerk shall place the matter on the next agenda of the Town Board, and the Town Board shall then refer the request to the Town Engineer, Town Planner, Conservation Advisory Council, Town Assessor and Town Attorney for their review of the proposal and for their joint recommendation back to the Town Board. All recommendations and/or comments shall be submitted to the Town Board for its comments at its following meeting or at such other date as the Town Board may fix. It shall be incumbent upon the applicant to provide the aforementioned department heads any and all additional information which may be requested by them in order for them to facilitate the processing of the request.
After receipt of a recommendation from the departments to whom the application has been referred, the Town Board may grant a license for the use of town-owned property for a period not to exceed one (1) year, in accordance with any reasonable terms and conditionsthat the Town Board may affix to said license. Said license shall be revokable by the Town Board upon thirty (30) days' notice to the applicant at any time during the license. The Town Board shall also reserve the right to establish or set a fee to be charged with respect to the use of the town-owned property for parking.
[Amended 8-17-1993 by L.L. No. 2-1993]
Prior to the issuance of a license agreement, the applicant shall provide to the Town Clerk a certificate of insurance naming the Town of Cortlandt as an additional insured on a general liability policy in an amount as shall be set by resolution of the Town Board from time to time or in such other amount as the Town Board may specify in its authorization for the issuance of the license. Furthermore, the applicant shall execute an indemnification and hold-harmless agreement in favor of the Town of Cortlandt indemnifying and holding harmless the Town of Cortlandt from all liability arising out of the use of the town-owned property for the purposes allowed under the license granted herein. Both the certificate of insurance and the indemnification and hold-harmless agreement shall be in a form prescribed and approved by the Town Attorney prior to the issuance of the license. The license herein shall be issued by the Town Clerk following authorization of the Town Board.
Inasmuch as the license granted hereunder is revocable by the Town Board at any time upon notice as aforesaid, no rights shall inure to any applicant who receives the right to use town-operated property for parking. However, should the licensee receive any variances from the Zoning Board of Appeals or site plan approvals from the Planning Board of the Town of Cortlandt, based upon the license granted herein, and said license is subsequently revoked, then that property owner's property shall become nonconforming and shall be allowed to continue to exist as a nonconforming use.
The Town Board, in its discretion, prior to the issuance of the license as herein provided, may conduct a public hearing to obtain public comment with respect to the proposal for the use of any town property for parking by private individuals. Should the Town Board wish to schedule a public hearing, said public hearing shall be advertised no less than ten (10) days prior to the hearing and no more than twenty (20) days prior to the hearing by the Town Clerk in the official newspaper of the Town of Cortlandt.
[Amended 8-17-1993 by L.L. No. 2-1993]
Any applicant submitting an application pursuant to this chapter shall submit to the Town Clerk a bank check or money order, in a sum as shall be set by resolution of the Town Board from time to time, representing an application fee which shall be nonrefundable, whether or not the town grants the license requested. Upon approval by the Town Board and in absence of any payment requirements set by the Town Board in its approval of the license as aforementioned, the applicant shall pay to the Town Clerk an additional sum, as shall be set by resolution of the Town Board from time to time, prior to the issuance of a license.
[Amended 8-17-1993 by L.L. No. 2-1993]
Anyone who shall use town-owned property without having first obtained a license in accordance with the provisions of this chapter shall be guilty of a violation for each and every week that he shall use the town property without the permission of the Town Board pursuant to this chapter. Each week's violation shall constitute a separate and distinct offense. A violation of this chapter shall be deemed to be a violation punishable by a fine not to exceed two hundred fifty dollars ($250.) or up to fifteen (15) days in jail or by a civil penalty not exceeding one thousand dollars ($1,000.). In addition to all police agencies that are empowered to enforce this chapter, the Department of Code Enforcement shall be empowered to issue a violation pursuant to the terms and conditions hereof.