[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.
