No person shall use, allow, let or permit to
be used property for the assembly of persons in excess of 500 unless
a written permit authorizing such use shall have been obtained from
the Town Board.
Application for such permit shall be by verified
petition addressed to the Town Board and shall be filed with the Town
Clerk at least 30 days prior to the date upon which such assembly
is contemplated. Such application shall include the following material:
A.
A statement of the name, age and residence address
of the applicant; if applicant is a corporation, the name and address
of an agent who shall be a natural person and shall reside or have
a place of business in the Town of Shandaken and who shall be authorized
to and shall agree by verified statement to accept notices or summonses
issued with respect to violations of any law, ordinances, rules or
regulations.
B.
A statement containing the name and address of the
record owner of the property and the nature and interest of the applicant
therein; the proposed dates and hours of such assembly; the expected
minimum number of persons intended to use the property at one time
and collectively; the expected number of automobiles and other vehicles
intended to use the property at one time and collectively; and the
purpose of the function, including the nature of the activities to
be carried on and the admission fee to be charged, if any.
C.
A map showing the size and location of the property;
the zoning district, if any, in which it is located; the names of
the record owners of the adjoining properties; the streets or highways
abutting said property; the size and location of any existing building,
buildings or structures or of any proposed building, buildings or
structures to be erected for the purpose of the assembly.
D.
A plan or drawing showing the method to be used for
the disposal of sanitary sewage.
E.
A plan or drawing showing the method to be used for
the supply, storage and distribution of water.
G.
A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker, sound truck or
other similar sound equipment.
H.
A statement specifying whether food or beverage is
intended to be prepared, sold or distributed; and if food or beverage
is intended to be prepared, sold or distributed, a statement specifying
the method of preparation and distribution of such food or beverage
and the method of disposing of any garbage, trash, rubbish or other
refuse arising therefrom. If a person other than the person applying
for the permit will be engaged in the sale and distribution of food
or beverage, the name and address of such person shall be submitted.
All garbage, trash, rubbish or other refuse shall be stored until
removed to an unobtrusive area of the premises in securely covered
containers. Such containers shall be maintained in a sanitary condition
and shall be cleaned at least daily. No garbage, trash, rubbish or
other refuse shall be removed from the premises between the hours
of 11:00 p.m. and 7:00 a.m.
I.
A statement specifying whether any private security
guards or police will be engaged, and if so, the names and addresses
of such persons and the duties to be performed by such persons.
J.
A statement specifying the precautions to be utilized
for fire protection, and a map specifying the location of fire lanes
and water supply for fire control.
K.
A statement specifying whether any outdoor lights
or signs are to be utilized, and if so, a map showing the number,
location, size, type and luminating power of such lights and signs.
In addition, no light on any part of the property of assembly shall
be permitted to shine unreasonably beyond the property line of the
property. All exterior lights on the property shall be so situated
or equipped with shielding devices that no unreasonable glow shall
shine beyond the property line of the assembly.
L.
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate
medical or nursing attention.
M.
A statement specifying whether any camping or housing
facilities are to be available, and if so, a plan showing the intended
number and location of the same.
N.
A statement that no soot, cinder, smoke, noxious acids,
fumes, gases or unusual odors shall be permitted to unreasonably emanate
beyond the property line of the assembly.
O.
A statement that no music shall be played in any place
of assembly, either by mechanical device or live performances, in
such a manner that the sound emanating therefrom shall be unreasonably
audible beyond the property line of the place of assembly.
P.
A statement that no loud, unnecessary or unusual noise
shall be permitted to be made, continued or caused to be made or continued
so as to be unreasonably audible beyond the property line of the assembly.
Q.
A statement that no law, ordinance, rule or regulation
applicable to the place of assembly or enforceable by any governmental
authority will be violated and that the regulations of the New York
State Department of Labor Board of Standards and Appeals for places
of public assembly will be adhered to.
The Town Board, before issuing any permit, shall
require the approval of any or all of the following applicable governmental
agencies:
A.
The Ulster County Health Department and the New York
State Water Resources Commission as to any proposed sanitary sewage
disposal system.
B.
The Ulster County Health Department and the New York
State Water Resources Commission as to any proposed system for the
supply, storage and distribution of water.
C.
The Ulster County Highway Department, the New York
State Department of Transportation, the Ulster County Sheriff's Department,
the New York State Police, the Chief of the controlling fire district
and the Fire Commissioners of the controlling fire district as to
the proposed parking area and the means of ingress and egress to such
parking area.
D.
The Town Board as to the proposed type, number and
location of any sound-producing equipment.
E.
The Ulster County Health Department as to the proposed
method of preparing, selling or distributing food or beverage and
the removal of trash, rubbish or garbage arising therefrom.
F.
The Chief Constable of the Town of Shandaken, the
Ulster County Sheriff's Department and the New York State Police as
to any proposed private security or police protection.
G.
The Chief of the controlling fire district, the Fire
Commissioners of the controlling fire district and the Fire Coordinator
of Ulster County as to any proposed fire protection system.
H.
The Planning Board as to any proposed outdoor lights
and signs.
I.
The Ulster County Health Department as to any proposed
facilities for emergency medical or nursing treatment.
J.
The Planning Board as to any proposed camping or housing
facilities.
No permit shall be issued unless the owner and
his tenant or licensee, if any, shall furnish the town with written
authorization to permit the town or its lawful agents to go upon the
property for the purpose of inspecting the same, providing adequate
police and fire protection and protecting persons and property from
danger, and certification by the Town Clerk that all conditions of
this chapter have been met.
The town may deny the issuance of a permit if it shall find that any of the items as set forth in § 59-4 are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property or if the necessary approval of any governmental agency as set forth in § 59-5 is not obtained. In no event shall the town withhold its written approval or denial of a permit for a period in excess of 10 days after a full submission to it by an applicant, except by an extension in writing given by the applicant.
If after a permit is issued, the Town Board through its lawful agents determines that any of the items as set forth in § 59-4 and as specified in the applicant's verified petition in support of the application for a permit is not adhered to and accomplished within a reasonable time of the date or dates set for the assembly through the time of the assembly, or if the necessary approval of any governmental agency as set forth in § 59-5 is revoked at any time, such permit shall become null and void.
