[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.]
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.
