Town of Webb, NY
Herkimer County
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[HISTORY: Adopted by the Town Board of the Town of Webb as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 480.
[Adopted 10-14-2014 by Ord. No. 1-2014]
This article shall be known as the "Town of Webb Access to McCauley Mountain Communication Tower Easement Area Ordinance."
By the adoption of this article, the Town of Webb declares its intent to regulate, supervise and control the access to the McCauley Mountain Communication Tower Easement Area, to insure that such access shall not interfere with the Town's operation of the McCauley Mountain Ski Area, and to establish an access fee to reimburse the Town for the use of its facilities, equipment, vehicles and employees in assisting the entities who are exercising their right of access to install and maintain their antennas, buildings and equipment located in the easement area.
A. 
Prior to accessing the easement area, any person, corporation or other entity who wishes to access the easement area must first obtain the permission and approval of the appropriate employee of the Town of Webb (either the McCauley Mountain Manager or the person to whom the manager has granted the authority to grant such approval).
B. 
Any entity seeking permission to access the easement area, except in the case of an emergency, must give the Town of Webb at least 24 hours' notice of its request to access the easement area and provide the Town with a signed application form requesting permission to access the easement area.
C. 
Prior to accessing the easement area, the entity should advise the Town of the method of access, the location of the proposed access route and a statement as to whether they will need the assistance of the Town's employees or the use of the Town's equipment such as the chair lift, snowmobile, trail groomer or a motor vehicle.
D. 
Prior to accessing the easement area, the entity seeking access shall sign an application form which will, among other things, state:
(1) 
The name and address of the person, corporation, organization or entity seeking access.
(2) 
The purpose for which the applicant is seeking access, the location of access and the method of access, the approximate number of people involved and the length of time required.
(3) 
The applicant shall also provide the Town with evidence of liability insurance coverage for personal injury and property damage in an amount and with an insurance company approved by the Town, as well as workmen's compensation coverage as approved by the Town.
(4) 
The applicant shall also provide the Town with a statement providing that the applicant shall defend, indemnify and hold the Town harmless from and against any and all claims of loss, damage or injury of any kind or nature whatsoever arising out of the applicant's exercise of its access rights.
(5) 
The applicant shall identify the entity for whom it is working and provide sufficient proof that it is working for or at the request of such entity.
A. 
For the right and privilege of accessing the easement area, the use of the Town's ski lift, snowmobiles, vehicles or other equipment and the Town's assistance and cooperation in scheduling and supervising of the access to the easement area, the major commercial users will pay an annual access fee of $5,000, and the smaller commercial corporation and organizations which service the municipal and nonprofit users will not be required to pay an annual access fee. Such annual access fee is to be paid on or before the first day of January of each year for the ensuing year.
B. 
No person, corporation, organization or entity who has not paid an access fee or who is not employed by, or contracted with, an entity who has paid an access fee, may access the McCauley Mountain Communications Tower Easement Area.
This article shall take effect immediately upon compliance with § 133 of the Town Law.