East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

Town Board Meeting of May 9, 2017
East Hampton, New York

 

 

I.              Call to Order

10:00 AM Meeting called to order on May 9, 2017 at Montauk Firehouse, 12 Flamingo Avenue, Montauk, NY.

 

Attendee Name

Organization

Title

Status

Arrived

Kathee Burke-Gonzalez

Town of East Hampton

Councilwoman

Present

 

Peter Van Scoyoc

Town of East Hampton

Councilman

Present

 

Sylvia Overby

Town of East Hampton

Councilwoman

Present

 

Fred Overton

Town of East Hampton

Councilman

Present

 

Larry Cantwell

Town of East Hampton

Supervisor

Present

 

Michael Sendlenski

Town of East Hampton

Town Attorney

Present

 

Steve Graham

Town of East Hampton

Deputy Town Clerk

Present

 

II.              Public Portion

III.              Topics

A.              Dowtown Montauk Circulator Bus Service - Vincent Corrado, LK McLean Associates

Vincent Parado from L.K.  McLean and associates whom are working with the town on many projects. The circulator bus service is planned to be a town wide project but McClain and associates were asked to fast track the Montauk aspect of this project. The project is set to implement bus routes to allow people to move between the resorts, downtown, beaches and the train station effectively. This is being done due to a new service schedule to move people quickly through the Southfork through an upgraded rail service set to begin in late 2018.  To implement this new service schedule the LIRR requires a circular bus service to help them fill trains.

Laraine Creegan from the Montauk Chamber believes this is an excellent opportunity to reduce the traffic flow in Montauk.

B.              Montauk Playhouse Presentation

Chip Duryea spoke on behalf of the Montauk Playhouse. He is accompanied by Lisa DeBiglio, Phil Schlum and Scott Baradino. Mr. Duryea believes that this a project that needs to get done. To help facilitate the completion of the project the playhouse needs support from the East Hampton Town Board.

Susan Henkin the executive director of the Playhouse discussed her background and what she has learned about Montauk. She touched on the young professionals who are choosing to raise families in Montauk and their desire to have arts and family programming.  The playhouse project will have two centers one for multicultural affairs and one for athletics and sports. The project is based on a survey from 2015 and has a self-sustaining business model.  She hopes the Town will match what the playhouse has which is 3 million dollars. She believes that if the Town matches the three million dollars it will be the park needed to raise the additional two million dollars and finish the project.

C.              Edgemere Parking - Hope DeLauter

Assistant Town Attorney Hope DeLauter presented on Edgemere parking.  Parking restrictions have been implemented in both 2015 and 2016 which has led to increased parking at the grassy triangle between Edgemere Road and Edgemere Street. The proposed legislation will make parking on the grass illegal but does provide an exemption for Ems and Firefighters.

Arden Gardell, spoke about no parking and how it effects off season fishing. He also believes that this does not address the underlying safety concerns.

Laraine Creegan, asked the board to consider sidewalks on Edgemere to help with safety for people walking from the Train station to Town.

Supervisor Cantwell expressed that many of the concerns will be a addressed in the Hamlet study

 

D.              Septic Upgrade Legislation - NancyLynn Thiele

Nancylynn Thiele discussed an update to the septic system legislation. The maximum rebate for the systems will be 10,000-15,000 dollars or 75%-100% depending on income. This also changes the building code so new construction will require the low nitrogen systems. An update to the code allows the Planning Board to offer an exemptions for locations that are unsuitable for a low nitrogen system. This exemption comes with a mandated covenant and restrictions that would require the sanitary systems to be updated if new technologies are created that would allow the installation of the system.

The Town Board would like to see the rebate schedule set by a resolution which can be amended from time to time. There may also be additional funding done through the state. 

E.              Taxi Code Revisions - NancyLynn Thiele

Nancylynn also discussed updated taxi legislation, which addresses the new TNC state laws. The law would require drivers to be either TNC or a Taxi and not a hybrid combination. This update would also apply the parking restrictions to TNC and Taxi drivers.

IV.              Liaison Reports

Councilwoman  Burke Gonzalez spoke about a recent Wainscott CAC meeting which was attended by Chief Sarlo who touched on the upcoming season. The school board president David Eagan also attended to speak about the upcoming Wainscott school budget.

 

Councilman Van Scoyoc reported on the waterfront technical advisory committee who will be discussing  the new sanitary systems, storm drain systems, stormwater projects from the watershed management plan and additional projects.

 

Councilwoman Overby reported on  energy sustainability committe who discussed a new law passed in Southampton which aims to  make the Town 100% renewable by 2025. She also met with The Housing committee who discussed in length about the need for seasonal housing. The Arts Council will be having a networking night on June 15th from 6:00 PM - 8:00 Pm at Studio 144. They are also working on other events for the fall. Sag Harbor/East Hampton CAC discussed the Train tressels on the fading reflective paint on them, they would like to see the reflective paint restored. A Maple Lane resident discussed parking issues and wat runoff on springs Fire Place Road and West drive were also discussed.

Supervisor Cantwell reported that the  Amagansett CAC met and discussed the former principi property which included proposed uses. They have recommended the building be removed and the location to be used for openspace and passive recreation. He also talked about the coordinated enforcement meeting, each department has put together an effective plan to address the quality of life issues that have come to light in recent years.

 

Lastly, the Town Board would like everyone to know the following schedule regarding the Hamlet Studies:

Thursday June 1st, 2017 at 3PM at East Hampton Town Hall for Springs and East Hampton

Friday June 2nd, 2017 which will be a special meeting of the Town board on all hamlets

Friday June 2nd, 2017 7:00 PM at the  Montauk Firehouse to discuss Montauk

June 3r 9AM, Wainscott hamlet study at LTV studios         

June 3rd 1PM, Amagansett hamlet study at the American Legion

All meetings will be taped by LTV so they will be available to watch on Demand through the LTV website.

 

 

 

 

V.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

1.              Resolution 2017-564

Category:              Local Law

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Attorney

Adopt Amendments to Chapter 151 to Update Public Assembly Permits

WHEREAS, the Town Board held a public hearing on May 4, 2017, regarding a “LOCAL LAW amending Town Code Chapter 151 (Public Assemblies) to rename the chapter Special Event Permits, streamline and unify the application process, clarify the conditions and/or restrictions for specific permits and add a permit to allow for art sales."; and

 

WHEREAS, after considering the matter and the comments of the public at the time of hearing, the Town Board believes that the enactment of this local law is in the best interests of the Town of East Hampton; and

 

WHEREAS, the proposed local law is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.5 and Chapter 128 of the Town Code requiring no further environmental review; and now, therefore be it

 

RESOLVED, said Local Law is hereby adopted to read as follows:

 

LOCAL LAW NO.    of 2017

Intro. #   of 2017

 

A LOCAL LAW amending Town Code Chapter 151 (Public Assemblies) to rename the chapter Special Event Permits, streamline and unify the application process, clarify the conditions and/or restrictions for specific permits and add a permit to allow for art sales.

 

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

 

SECTION 1. Legislative Intent.

 

The number and types of assemblies on public and private property has increased over the years making the issuing of permits by the Town a more involved process. These amendments seek to make the application and permitting process more uniform and efficient while ensuring that the concerns of the Town and its residents are properly addressed.

 

SECTION 2. Amendment.

 

Chapter 151 (Public Assemblies) is hereby amended by deleting the chapter in its entirety, renaming it Special Event Permits, and replacing with the following:

 

Chapter 151 Special Event Permits

 

§ 151-1. Purpose.

 

Assemblies or organized events which are anticipated to or are likely to attract a large number of people can adversely affect the well-being of Town residents. Large assemblies 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 can be harmful to the public safety and welfare. Large assemblages of people result in the need for some control over traffic and parking and can cause a strain on police services, particularly during the summer season. In an effort to provide for the well-being of the community, the Town Board establishes herein a procedure whereby the Town can be informed in advance of assemblies and can assure that such assemblies, if appropriate under the Town Code and the Constitution of the State of New York, can be accommodated without unduly burdening the community or the resources of the Town of East Hampton or unreasonably impacting upon or restricting the use of Town resources by other Town residents.

 

§ 151-2. Definitions.

 

As used in this chapter, the following terms shall have the meanings indicated:

 

ASSEMBLY

A social occasion, an event, or an activity which involves the assembly of persons on public or private property in any zoning district, and which takes place in whole or in part outdoors, with or without an admission or invitation fee, a sponsorship, or a requested donation, and held on a one-time basis, including, but not limited to, weddings, family reunions, parties, fairs, bazaars, outdoor shows, horse shows or exhibitions, and concerts, and if held on a commercial property as the same is defined herein, is not included within the approved uses of the property upon which the assembly is to take place, as evidenced by the site plan approval issued by the Town Planning Board, the certificate of occupancy for the premises as issued by the Town Building Department, or as determined by the Town Building Inspector based upon the historic use of the subject premises as supported by credible evidence.

 

CHARITABLE ORGANIZATION

An organization as defined in New York State Executive Law § 171-a, including but not limited to not-for-profit entities. Such charitable organizations shall be recognized as exempt from federal taxation under Internal Revenue Code § 501(c)(3), shall be duly registered with the Charities Bureau of the Attorney General of the State of New York, and shall provide services or funds that benefit residents of the Town of East Hampton. For purposes of this chapter, this category shall also be deemed to include established civic organizations which are formed for and do provide a public benefit and are not formed for and do not have as a primary purpose the accumulation of profits for their owners or members. Organizations such as Chambers of Commerce, veterans’ organizations, fraternal organizations, and similar organizations which are actually located within the Town of East Hampton and provide benefits to members of the community qualify for this classification.

 

CIRCUS

A public entertainment consisting typically of a variety of performances by acrobats, clowns, and trained animals.

 

COMMERCIAL PREMISES

Property containing a legally nonconforming business use and any vacant or improved parcel in a commercial use district other than one upon which the principal use is one or more single family residences.

 

DESIGNATED AGENT

A person, residing within the County of Suffolk, who is designated by an applicant for an assembly to accept service of process from the Town of East Hampton for any violation of this chapter or any other chapter set forth in the East Hampton Town Code which relates to or arises out of the assembly.

 

EXPRESSIVE ACTIVITY

An assembly or similar gathering held for the sole purpose of exercising free speech activity protected by either the First Amendment to the United States Constitution or Article I, Section 8, of the New York State Constitution, and for which no fee or donation is charged or required as a condition of participation in or attendance at such assembly.

 

FARMERS MARKET

The retail sale of agricultural products directly to the public by individual vendors.

 

PARADE/WALK-RUN

A type of assembly which involves a walk, run, march or similar assembly (including, but not limited to, a marathon or bicycle race) regardless of whether any fee or donation is charged or required as a condition of participation in or attendance at such assembly, where the activity occurs on any Town highway, public street, right-of-way, sidewalk or in any other public place rather than on a specific property, and which can or is likely to disrupt or interfere with normal traffic patterns, regulations or controls, as determined by Chief of Police.

 

PUBLIC AMENITY

The provision of an activity, entertainment, or similar pastime which is provided upon public property without cost or charge to the attendees and without the sale or solicitation of orders for the sale of goods or services, intended to enhance the attendees' experience upon the premises. Examples of a public amenity consist of, but are not limited to, musical performances, movies, and similar entertainment upon public property.

 

PUBLIC PROPERTY

Property of the Town, Town Trustees, or other governmental agency.

 

SOCIAL EVENT

An assembly for social, noncommercial purposes at which no goods, merchandise or services are offered or sold, or orders for the same solicited or taken.

 

SPECIAL EVENT PERMIT

A permit for a special event as defined in this chapter. Special Event permits shall be of five categories:

 

Residential special event permit - a permit for an assembly of 50 persons or more upon a property which is zoned for or actually used as a residence. 

 

Commercial special event permit - a permit for any assembly upon a property which is either zoned for commercial use, or is zoned residential, multifamily, resort or other noncommercial use but actually used for a commercial business as a legally preexisting, nonconforming business, or for an assembly upon property zoned for and used for commercial purposes, and which assembly is not consistent with the approved use(s) for the commercial property, in that it includes one or more of the following:

 

A.              The sale of goods or merchandise, by fixed price or auction, upon a property not approved for retail sales, or if approved for the same, from a location on the property not approved for such use;

 

B.               The sale of food or beverages upon a property not approved for the sale of food or beverages, or if approved for the same, from a location on the property not approved for such use;

 

C.              The use of outdoor areas of the premises for business purposes, and such use is not included in the customary and/or approved use for the premises;

 

D.               A performance, speech, recital or other presentation by an entertainer or other artist, with or without the use of musical instruments or recorded music, for which a fee is charged, if such property is not approved for such use;

 

E.              The erection of a tent upon the premises;

 

F.               The parking of attendees' vehicles upon any public street, highway, right-of-way or other off-site location due to lack of availability of parking upon the premises hosting the assembly;

 

G.              A farmer's market provided the commercial premises are not otherwise utilized by the businesses legally occupying the site at the time the market is operational.

 

Public property special event permit - a permit for an organized assembly of persons upon a property which is a public park, beach, or other property which is open to the public.

 

Parade/Walk-Run special event permit - an assembly permit for a parade/walk-run as defined herein.

 

Art Sale special event permit - a permit for the commercial sale of artwork by the artist, upon the residential property of the artist. The holding of Art Sales on more than three occasions in a calendar year or for more than three successive days shall be deemed a business use subject to the provisions of Chapter 255, Zoning, of the Town Code of the Town of East Hampton.

 

§ 151-3. Permit required.

 

A.               No owner, lessee or any other person claiming a right or interest in property located within the Town of East Hampton and outside of the boundaries of any incorporated village, shall cause, permit or allow such property to be used for an assembly as defined herein unless a written special event permit for the assembly has been issued by the appropriate Town official(s).

 

B.               No person, group, entity or organization shall organize or conduct a parade/walk-run, as defined herein, upon any public street, sidewalk, walkway, right-of-way or public property within the Town of East Hampton, outside of the boundaries of any incorporated village, without first having obtained a written special event parade/walk-run permit from the appropriate Town officials.

 

C.              Limitations on Special Event Permits:

 

1.              Residential assemblies are subject to the provisions of § 255-11-64(I) which deems hosting or granting of permission to host for a fee (whether termed rental or otherwise) of more than one social event or reception per calendar year at any single-family residence located within the boundaries of the Town of East Hampton a nonresidential activity or use.

 

2.              Commercial assemblies upon portions of commercial properties which have been maintained as spaces open and available to the public as areas for casual gathering, walking and/or relaxation, such as green spaces in retail areas, may apply to utilize such areas, subject to the following limitations:

 

(i)              No assemblies shall include the sale of goods or sale of food on site unless the same are sold by a valid charitable organization.

             

(ii)              A special event permit for a public amenity shall exclude areas upon such properties which have been identified in any approval issued by the Town, or other agency, or deemed by the Building Inspector, to be utilized in the ordinary course of the business(es) on the site for some use related to the approved business(es), including, but not limited to, areas used for parking or for fire access.

 

3.              Public property assemblies, in addition to the limitations enumerated below, are subject to the Town’s right to limit the number of public property special event permits issued per applicant and per location in a calendar year, as well as limit the hours and days of the week for which activities will be approved. 

 

(a)              Beaches:

 

(1)              Unless utilized as part of an event held by valid charitable organization as defined herein, the installation of tents, other than those necessary for food service under Suffolk County Department of Health Services regulations, shall not be permitted. In addition, the installation of any other structures (i.e., tents, dance floors, platforms, fences, etc.) shall not be permitted on any beach, unless the same is approved by the either the Town Board or the Town Trustees, depending upon the proposed location. In general, the Town does not approve the installation of structures upon any beach, except for required covering over food service equipment.

 

(2)              Assemblies that include amplified music shall not be permitted on any beach. This shall not prohibit individual radios or similar devices, but the use of such devices shall be subject to the directions of any enforcement officer, lifesaving personnel, marine patrol officer, or other designated agent of the Town and/or Trustees.

 

(3)               Assemblies that include the sale of goods or sale of food on site on the beach shall not be permitted unless the same are sold by valid charitable organizations. This prohibition shall not be deemed to prohibit attendees at any otherwise permitted assembly from being supplied with food and beverages by a paid caterer.

 

(4)              Assemblies that the Town Board or its designee deems to unreasonably impede the use of the premises by the general public shall not be permitted.

 

(b)               Parks and other municipal properties.

 

(1)              Assemblies that include the sale of goods or sale of food on site shall not be permitted unless the same are sold by valid charitable organizations. This prohibition shall not be deemed to prohibit attendees at any otherwise permitted assembly from being supplied with food and beverages by a paid caterer.

 

(2)               No structures shall be permitted unless expressly approved by the Town Board or its designee.

 

(3)              No assemblies that the Town Board or its designee deems to unreasonably impede the use of the premises by the general public shall be permitted.

 

(4)               In no event shall any person or entity solicit or advertise any product, service, lesson, program or any other item or offering upon any public property. Any assembly upon public property in which participants have paid a fee must originate from a sale or enrollment off of public property.

 

4.              Art Sale special event permits are limited to not more than three occasions in a calendar year or not more than three successive days.

 

§ 151-4. Exemptions.

 

The following shall be exempt from the requirements of a special event permit:

 

A.              Events sponsored by the Town;

 

B.              Regular sporting events held at facilities which are approved for such purposes;

 

C.              A student assemblage at any school chartered by New York State;

 

D.               An assemblage for purposes of expressive activity, provided the organizers provide the Town Clerk with written notice at least 48 hours in advance if more than 25 persons are expected to attend. The name, address and contact information of the organizer, the proposed location or route, and the date and time of the event shall be provided;

 

E.               A yard sale, as defined in Chapter 198 - the sale of one's used household goods or other used private personal property commonly found in a residence from one's own personal residence - and held upon the property of the person conducting the sale. The holding of yard sales on more than three occasions in a calendar year or for more than three successive days shall be deemed a business use subject to the provisions of Chapter 255, Zoning, of the Town Code of the Town of East Hampton.

 

F.               Events held wholly within the building located at Fort Pond House, provided that the participants have a facility use permit issued by the East Hampton Town Parks Department.

 

G.              Events held upon Town property other than Town beaches, involving up to 50 people provided that the participants have a field use or facility use permit issued by the East Hampton Town Parks and Recreation Department.

 

H.              Noncommercial social events as defined above, on public property involving up to 20 people over the age of 18 years, provided that there is no tent, and the event is neither catered nor for which other services have been contracted.

 

 

§ 151-5. Application for a permit.

 

A.               Application form. An applicant may obtain an application form from the Town 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 statement of the applicant's relationship to any sponsoring organization. If the applicant is a "professional fund-raiser" as defined in § 171-a of the New York Executive Law, that fact shall be disclosed.

 

(2)               The proposed date, time and duration of the event.

 

(3)               A survey or sketch map of the assembly 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, the name of the security company and a contact person and number for the same.

 

(9)               Proposed traffic control and security plan for the event. (Security plans shall not be made publicly available.)

 

(10)               Proposed medical and emergency plans and personnel.

 

(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 Town shall have the right to require such additional information, such as a survey or inspection of off-site parking area(s), as Town 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 zoning of surrounding properties.

 

(17)               The proximity of the nearest residential structures.

 

(18)               If a tent is proposed, the size and placement of the tent on the premises. A separate tent application will be required to be submitted to the Town Fire Marshal. Tents shall meet all necessary Fire Code requirements and shall be reviewed for placement and proper ingress and egress.

 

(19)               A name and contact number of a responsible party who will be available to Town officials at the time of the event.

 

(20)               Consent to inspection: a statement that the applicant (and, where applicable, the owner of the property) 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.

 

(21)              The name of the designated agent.

 

B.               Submission to Town Clerk. Applications for events involving 1-100 participants, the application must be submitted at least 14 days before the event; for events involving 101-249 participants, the application must be submitted at least 30 days before the event; and for events involving 250 or more participants the applications must be submitted at least 60 days prior to the event. For each application, the Town Clerk has the discretion to waive the submission deadline. The following materials shall be submitted by the applicant to the Town Clerk before the proposed date of the special event:

 

(1)               A completed application form.

 

(2)               For Commercial, Public Property, and Parade/Walk-Run special event permits, a nonrefundable application fee. The Town Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.  The Town Board or its designee has the discretion to waive such fee

 

(3)               A certificate of insurance and indemnification agreement pursuant to § 151-16.

 

C.               Review by the Town Board. The Town Clerk shall forward the application to the Town Board or its designee for approval or disapproval. The review will consider whether the proposed assembly would unduly burden the community or the resources of the town of East Hampton, or unreasonably impact upon or restrict the use of Town resources by other Town residents, or constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity, or will unduly interfere with vehicular and/or pedestrian traffic. The Town Board or its designee may deny an application for a permit under this chapter after a review of the application, whenever a determination is made that the proposed special event would violate any law or ordinance or would unreasonably interfere with the public's use of public lands; unreasonably interfere with the use and enjoyment of adjoining properties; unreasonably impede the flow of vehicular or pedestrian traffic; be detrimental to the community because of anticipated excessive noise, illumination or other effect caused by the proposed assembly, including, but not limited to, a potentially dangerous activity or creation of a dangerous condition, such as the use of explosives, the use of stunts, helicopters, firearms or simulated firearms; or otherwise endanger the public's health, safety or welfare.  In addition, the Town Board or its designee may consider the number of applications submitted for a particular property, and may deny an application if determined that the history of permit applications indicates an attempt by the applicant and/or property owner to circumvent East Hampton Town Codes.  Any denial shall be in writing and shall specify the reasons for the denial. The Board, or its designee, must refer all permits for comment to the Chief of Police, Fire Marshall, Trustees, Highway Department and/or any other Town department or agency should the application indicate that such entity may be effected by the approval of such application. The Board or its designee shall send the approved or disapproved application back to the Town Clerk. 

 

D.               Review by Town Attorney. The Town Clerk shall forward the certificate of insurance and the indemnification agreement to the Town Attorney for approval. The Town Attorney shall return such approved or disapproved documents to the Town Clerk.

 

E.               Fees. The Town Clerk shall calculate the fees required to be paid by an approved applicant as follows:

 

(1)              Permit fee. All special event permits except Art Sales, may be subject to a permit fee, and the Town Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.

 

(2)               Cleanup deposit. A fee for each day covered by the permit shall be paid pursuant to § 151-7, and the Town Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.

 

(3)               Traffic control fee. A fee for each day covered by the permit shall be paid if the Chief of Police, or his designee, requires payment of the traffic control fee pursuant to § 151-6.

 

F.               Issuance of permit. The Town Clerk shall countersign an approved application. The Town Clerk shall collect the fees calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § 151-8. Upon payment of the permit fee, the Town Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant, the location(s), date(s) and time(s) of the special event and any special conditions.

 

G.              The Town may deny an application for a permit under this chapter after a review of the application, whenever a determination is made that the proposed special event would violate any law or ordinance or would unreasonably interfere with the public's use of public lands; unreasonably interfere with the use and enjoyment of adjoining properties; unreasonably impede the flow of vehicular or pedestrian traffic; be detrimental to the community because of anticipated excessive noise, illumination or other effect caused by the proposed assembly, including, but not limited to, a potentially dangerous activity or creation of a dangerous condition, such as the use of explosives, the use of stunts, helicopters, firearms or simulated firearms; or otherwise endanger the public's health, safety or welfare. Such denial shall be in writing and shall specify the reasons for the denial.

 

H.              The Town reserves the right to impose additional and further requirements up to and through the date or dates of the special event, as deemed by the Town to be necessary to assure compliance with the requirements and purposes of this chapter.

 

I.               The Town reserves the right to immediately revoke any permit issued due to noncompliance with the requirements of the permit.

 

§ 151-6. Traffic control fee.

 

A.               In the event that the Chief of Police determines that police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the special event, the applicant shall submit to the Town Clerk a fee of for each day covered by the permit pursuant to Subsection F of § 151-5, and the Town Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.

 

B.               If the Chief of Police determines that a traffic control fee will be fully expended prior to the termination of the permit period, the Chief of Police shall notify the Town Clerk. The Town Clerk shall contact the applicant in writing and require payment of an additional sum of money, said specific amount to be determined by the Chief of Police based on the salaries and the number of hours to be worked by the Town police and traffic control personnel. Said additional traffic control fee shall be paid within seven days of said notice. The applicant's failure to pay such additional fee within said seven-day period shall result in the Town Clerk's providing the applicant with written notice that the permit has been suspended and the date of such suspension. The applicant's receipt of the Town Clerk's suspension notice shall not be construed as altering the date of suspension set forth in said written notice, the effective date of the suspension being the day immediately following the completion of the seven-day notice period.

 

C.               The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs incurred by the Town in providing traffic control services.

 

D.               After termination of the special event, the Chief of Police shall provide the Town Clerk with a statement regarding the actual cost to the Town of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the Town has collected pursuant to Subsection A, B or C, the Town shall remit the balance to the applicant. If the actual cost is more than the moneys that the Town has collected pursuant to Subsections A, B or C, the applicant shall be responsible for providing the balance to the Town within 30 days of the permit period.

 

E.               The Chief of Police shall forward a copy of the statement of actual cost to the Town Clerk who will file said statement with the original application form.

 

§ 151-7. Cleanup deposit. 

 

A.               Each applicant whose application has been approved shall give the Town Clerk a check for a cleanup fee deposit for each location covered by the permit, which check shall be held and not deposited by the Town during the duration of the permit period. The Town Board, by resolution duly adopted, from time to time shall establish or amend such deposit fee amount.

 

B.               At the termination of the permit period, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, shall inspect the locations listed on the permit and determine if the locations require cleanup efforts by Town personnel.

 

C.               If cleanup is required, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, will coordinate that effort. Said Superintendent will provide the Town Clerk with a statement setting forth the actual cost to the Town of providing said cleanup services. If the actual cost is less than the fee deposit collected pursuant to Subsection A, the Town shall remit the balance to the applicant. If the actual cost is more than the fee deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the Town within 30 days of the termination of the permit period.

 

D.               If no cleanup is required, the Town Superintendent shall notify the Town Clerk of that fact, and the Town Clerk shall promptly remit the check to the applicant.

 

§ 151-8. Payment of fees.

 

Any fee collected under this chapter shall be paid either in cash or by check make payable to the Town of East Hampton and shall be delivered to the Town Clerk.

 

§ 151-9. No donations accepted.

 

Other than the required fees, the Town shall not accept any donations from the applicant in connection with the granting of the permit. In addition, no Town official or employee shall make a recommendation to the applicant regarding a donation to a third party.

 

§ 151-10. Waiver.

 

The Town Board, upon consent of a majority of its members, after due consultation, may authorize a waiver of the requirements and/or limitations of this chapter whenever it determines that strict compliance with such limitations or requirements will pose an unreasonable burden upon the applicant and that such permit may be issued without endangering the public's health, safety or welfare. In such instances, the Town Board may attach additional conditions and safeguards to ensure the orderly conduct of the activity and to minimize the impact of such use.

 

§151-11.  Amendment, modification or rescission of permit.

 

A.               Once an assembly permit has been issued, any proposed amendment or modification to the application by the applicant shall be filed with the Town Clerk if any of the conditions have changed. Notice shall be given to the Town Clerk not less than 15 days prior to the assembly. Such changes may include, but are not limited to, the date of the event, the location of the event, the location or route of the parade, the number of attendees, or the addition of tents, alcohol, or fireworks.

 

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

 

(2)               The appropriate Town officials shall review the proposed amendment and shall have the discretion to rescind or modify the permit due to changed conditions.

 

B.               The Town may rescind an assembly permit issued pursuant to this chapter at any time for the following reasons:

 

(1)               False information. The application is found to contain materially false information.

 

(2)               Violation of existing law. The assembly is found to violate any law of the Town of East Hampton, the County of Suffolk, the State of New York or the United States of America.

 

(3)               Violation of recorded conditions or limitations. The permit is found to be in violation of a restriction or limitation contained in a recorded covenant, deed or other document.

 

(4)               Noncompliance with permit. The assembly is being advertised to be held in violation of the permit issued therefor or is actually being held in violation of the permit.

 

(5)               Substantive change in circumstances since the permit was issued:

 

(a)               The number of persons expected to attend the gathering is too great in relation to the size of the premises;

 

(b)               Arrangements made to control traffic, parking, noise, lighting, sanitary disposal and refuse disposal are insufficient;

 

(c)               The gathering will conflict with other events which might overtax police and emergency services;

 

(d)               Because of conflicts with other events, the gathering will cause vehicular or pedestrian congestion in a particular area of the Town on the date in question;

 

(e)               The frequency of gatherings proposed or approved for the premises is so great that the gatherings constitute a persistent usage of the property incompatible with its character or with that of the surrounding area;

 

(f)               The gathering will conflict with ordinary public use of the land or facilities involved.

 

§ 151-12. Permit suspension in emergency circumstances.

 

During the course of the special event, any authorized Town Code enforcement official, peace officer or a police officer may suspend any permit where public health or safety risks are found or where exigent circumstances warrant such action.

 

§ 151-13. Notice.

 

The Town Clerk shall give notice to the Chief of Police, the Chief Building Inspector, the head of the Ordinance Enforcement Department and the Chief Fire Marshal, the Superintendent of Highways and the Superintendent of Parks and Recreation of each permit issued pursuant to this chapter.

 

§ 151-14. Responsibility of applicant and landowner.

 

A permit holder shall be responsible for any damage to Town property or facilities that may result from the permit holder's activities. No alterations are to be made at special event sites, including, without limitation, cutting trees, digging holes and trimming bushes, without the express authorization of the Town Board.

 

The applicant shall ensure that the assembly is held in conformance with the permit and shall be responsible for the conduct of the assembly. The applicant and the landowner shall prevent patrons, licensees and/or invitees of the assembly, or those engaged in conducting the same, from trespassing upon any adjoining property or premises.

 

§ 151-15. Compliance with other laws.

 

Issuance of a permit pursuant to this chapter does not relieve the permit holder of its duty to comply with all other Town local laws, ordinances and regulations during the duration of the special event. In addition to the permit required under this chapter, the applicant shall obtain all other governmental permits or approvals which are required for the assembly. Unless specific exemption is obtained from the appropriate governmental authority, the assembly shall be held in conformance with all Town, county, state and federal laws. In the event any food service is provided, the applicant shall be responsible to assure that the vendor is properly licensed by the Suffolk County Department of Health Services, and that any and all approvals, if required, are obtained by the vendor for the assembly. By way of example and not by way of limitation, the following Town or Town Trustee permits shall be obtained where required:

 

A.               Permit from Fire Marshal. A permit shall be obtained from the Town Fire Marshal for the erection of a tent, display of fireworks or the setting of an outdoor fire pursuant to Chapter 141 of this Code.

 

B.               Building permit. A building permit shall be obtained from the Building Inspector for the erection of any building or other structure if such permit is required by Chapter 102 or Chapter 255 of this Code.

 

C.               Trustee permit. A permit shall be obtained from the Trustees of the Freeholders and Commonalty of the Town of East Hampton for any assembly upon Trustee property which will include a structure (i.e., tent, dance floor, platform, etc.). Applicants for assemblies upon Trustee property which do not propose the installation of a structure shall obtain a letter from the Trustees acknowledging the event is taking place on lands within their jurisdiction and that no Trustee permit is required for the gathering, or otherwise confirming that the assembly is not proposed on Trustee property and no approval is needed. Issuance of a Trustee permit where required is in addition to any and all other permits referenced in this section.

 

§ 151-16. Insurance requirements.

 

Every application for a commercial, public property, and parade/walk-run special event permit pursuant to this chapter shall include a certificate of insurance that evidences a public liability insurance policy covering the Town as an additional insured in the minimum amount of the $1,000,000 per occurrence for the duration of the special event. The applicant shall also submit an indemnification agreement that states that the applicant agrees to assume all liability for and will indemnify and hold the Town harmless of and free from any and all damages that occur to persons or property by reason of said special event.

 

§ 151-17. Permit available at assembly site.

 

The permit holder shall be required to have the permit available for inspection by the Town Police Department, or its designees, at the site of the special event for the duration of the permit period.

 

§ 151-18. Prohibited assemblies.

 

The following assemblies are prohibited in the Town of East Hampton, and no permit shall be issued which would authorize these assemblies:

 

A.               Circuses which include the use of any animals or animal acts.

 

B.               Carnivals, festivals or similar events which include mechanical rides, unless the event is sponsored by a local charitable organization, as the same is defined herein, based within the boundaries of the Town, in which case one merry-go-round or carousel ride will be permitted, and such assembly shall be deemed a gathering subject to all the provisions of this chapter.

 

§ 151-19. Signs.

 

A.               For the purposes of this section, the term "sign" shall have the meaning ascribed to it in Chapter 255, Zoning, of this Code.

 

B.               Non-illuminated signs advertising the gathering may be placed on or off the premises no more than seven days prior to the event, provided:

 

(1)               Application for such signs was included in the permit application and approved by the Town Board or its designee, and such signs are placed in accordance with the approved application;

 

(2)               The signs are removed within three days after the event. If not removed, the applicant shall be responsible to reimburse the Town for the costs of removing the sign. Such costs shall be deducted from any security deposit held by the Town, if any, and any deficiency, if any, shall be paid by the applicant within 30 days of mailing of a notice to the applicant at the address provided in the application.

 

§ 151-20. Penalties for violation.

 

Any person who violates any provision of this chapter shall be guilty of a violation and shall, upon conviction, be subject to the imposition of a fine in accordance with the following schedule for each violation. Each day that a violation continues shall be deemed a separate offense.

 

A.               For the first offense, a fine of not less than $500 nor more than $2,000 for each offense, plus any costs incurred by the Town as a result of the violation(s).

 

B.               For a second offense within a three-year period, a fine of not less than $1,000 nor more than $5,000 for each offense, plus any costs incurred by the Town as a result of the violation(s).

 

C.               For a third and subsequent offense within a three-year period, a fine of not less than $2,500 nor more than $15,000 for each offense, plus any costs incurred by the Town as a result of the violation(s).

 

 

SECTION 3. - Authority.

The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3) and Town Law §261.

 

SECTION 4. - Severability.

If any section of subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional.

 

SECTION 5. - Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

 

 

ü Vote Record - Resolution RES-2017-564

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

¨

¨

¨

Peter Van Scoyoc

Seconder

þ

¨

¨

¨

Sylvia Overby

Voter

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

2.              Resolution 2017-565

Category:              Fees

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Attorney

Special Event Permit Fees

WHEREAS, Chapter 151 "Special Event Permits", amended on May 9, 2017, sets forth certain fees that shall be required to apply for and process a permit for a Special Event which fees are to be established and amended from time to time by Resolution  of the Town Board;

 

NOW, THEREFORE, BE IT:

 

RESOLVED, that the following fee schedule is hereby adopted and shall remain effective until modified by further Resolution of this Board:

 

Application fees for Special Events:              

 

RESIDENTIAL SPECIAL EVENT PERMIT

                           

APPLICATION FEE:              No charge

                                         

IMPACT FEE:              As calculated by the Town for all aspects of traffic control and any and all other anticipated municipal services deemed required or appropriate for the assembly. Subject to waiver at the discretion of the Town Board for charitable organizations as defined in Chapter 151 of the Town Code.

                           

SECURITY DEPOSIT:              None

                           

 

COMMERCIAL SPECIAL EVENT PERMIT

 

APPLICATION FEE:              No charge if assembly is for 250 persons or less $100/day* if assembly is for 251 or more.

*No charge for charitable organizations as defined in Chapter 151 of the Town Code

 

IMPACT FEE:              As calculated by the Town for all aspects of traffic control and any and all other anticipated municipal services deemed required or appropriate for the assembly. Subject to waiver at the discretion of the Town Board for charitable organizations as defined in Chapter 151 of the Town Code.

 

SECURITY DEPOSIT:              None

                                         

 

PUBLIC PROPERTY SPECIAL EVENT PERMIT

 

SOCIAL EVENT

             

APPLICATION FEE:              No charge if assembly is for 250 persons or less              $100/day if assembly is for 251 or more

 

IMPACT FEE:              As calculated by the Town for all aspects of traffic control and any and all other anticipated municipal services deemed required or appropriate for the assembly. 

                                         

Subject to waiver at the discretion of the Town Board for charitable organizations as defined in Chapter 151 of the Town Code.

 

SECURITY DEPOSIT:              0-49 attendees:                            No charge

                                          50-99 attendees:                            $100

                                          100-249 attendees:                            $250

                                          250 - 999 attendees:                            $500

                                          1000 or more attendees:              $1,000**

 

                                          **Subject to modification by the Town Board.

 

COMMERCIAL EVENT             

 

APPLICATION FEE:              $100/day*

                                          $3,500/season - May 1 through Sept. 30

 

*No charge for charitable organizations as defined in Chapter 151 of the Town Code.

 

IMPACT FEE:              As calculated by the Town for all aspects of traffic control and any and all other anticipated municipal services deemed required or appropriate for the assembly. 

                                         

Subject to waiver at the discretion of the Town Board for charitable organizations as defined in Chapter 151 of the Town Code.

 

SECURITY DEPOSIT:              0-249 attendees:                            $250

                                          250 - 999 attendees:                            $500

                                          1000 or more attendees:              $1,000**

                                         

                                          **Subject to modification by the Town Board.

 

 

 

PARADES/WALK-RUN SPECIAL EVENT PERMIT

 

APPLICATION FEE:

                                          Registered Participants:              Fee*:

                                          50-99:                                                        $ 100

                                          100-499:                                          $ 500

                                          500-999:                                          $ 1,000

                                          1000 to 2499:                            $ 2,500

                                          2500 or more:                            $ 4,000

 

                                          *No charge for charitable organizations as defined in Chapter

                                          151 of the Town Code.

                                                       

IMPACT FEE:              As calculated by the Town for all aspects of traffic control and any and all other anticipated municipal services deemed required or appropriate for the assembly. 

                                         

Subject to waiver at the discretion of the Town Board for charitable organizations as defined in Chapter 151 of the Town Code.

                                         

SECURITY DEPOSIT:              50-99 attendees:                             $100

                                          100-249 attendees:                            $250

                                          250 - 999 attendees:                            $500

                                          1,000 or more attendees:              $1,000**

                                         

                                          **Subject to modification by the Town Board.

 

APPLICANTS SHALL BE RESPONSIBLE FOR ANY AND ALL CLEAN-UP COSTS INCURRED BY THE TOWN AND SUCH RESPONSIBILITY SHALL NOT BE LIMITED TO THE AMOUNT OF THE SECURITY DEPOSIT, IF ANY, PAID BY THE APPLICANT

 

 

 

ü Vote Record - Resolution RES-2017-565

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

¨

¨

¨

Peter Van Scoyoc

Seconder

þ

¨

¨

¨

Sylvia Overby

Voter

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

VI.              Executive Session: Litigation

A motion was made at 12:05 P.M. by Councilman Van Scoyoc, seconded by Councilwoman Overby to go into Executive Session to discuss litigation.