[HISTORY: Adopted by the Board of Trustees of the Village
of Fultonville 1-19-2021 by Res. No. 01-08-2021. Amendments noted
where applicable.]
It shall be unlawful for any person, firm, corporation or other
legal entity to install/erect or cause to be installed/erected any
temporary structure, tent, canopy, awning or other similar structure
in the Village of Fultonville without first obtaining a permit where
required by this chapter.
A.
Nothing in this chapter shall be construed to supersede any provision(s)
of the New York State Building and Fire Codes.
B.
Any temporary structure authorized under this chapter, and any person or legal entity in control thereof, must comply with all other pertinent ordinances, rules and regulations of the Village of Fultonville, including but not limited to Village Code Chapter 95 (Noise), Chapter 40 (Alcoholic Beverages), and Chapter 85 (Littering).
As used in this chapter, the following terms shall have the
meanings indicated:
Any place to which the public has unrestricted access, but
"public place" shall not mean the interior floor space of any building
or any space covered by part of a building's permanent roof.
Any display of words, symbols or other visual images made
of cloth, paper, plastic, cardboard or other material or any combination
of such display.
Any event, occasion or celebration open to the public and
held in or upon any public right-of-way, public street, public park
or other public place or conducted in such a manner as to significantly
impede public access to any public right-of-way, public street, public
park or other public place.
A tent, awning, canopy or other device, including but not
limited to temporary stages, platforms and technical production areas,
with or without sides, erected for a period of 180 days or less within
a period of 365 consecutive days.
A collapsible shelter, with or without sides, made of fabric,
nylon or canvas stretched and sustained by poles and used as a temporary
structure.
The following classifications shall apply to temporary structures
under this chapter:
A.
Level 1. This classification shall include the following temporary
structures, are not excluded from a permit:
(1)
Tents used exclusively for recreational camping purposes; or
(2)
Canopies and/or awnings open on all sides and which comply with all
of the following:
(a)
Individual canopies shall have a maximum size of 700 square
feet.
(b)
The aggregate area of multiple canopies that are placed side
by side without a fire break clearance of at least 12 feet shall not
exceed 700 square feet total.
(c)
There shall be a minimum of 12 feet of distance to all other
temporary structures.
(d)
Canopies shall remain standing for not more than 45 days per
calendar year.
B.
Level 2. This classification shall include all temporary structures
which are not exempt from a permit as Level 1 structures and which
shall remain standing for not more than 45 days per calendar year.
Level 2 structures shall require a permit under this chapter; however,
the applicant may apply either for a single permit for 45 days of
use or for any number of permits of lesser duration not to exceed
45 days of use per calendar year.
C.
Level 3. This classification shall include all temporary structures
which are not exempt from a permit as Level 1 structures and which
shall remain standing for more than 45 days per calendar year. Level
3 structures shall require a permit under this chapter and shall be
subject to further review and approval as structures as provided by
the New York State and Village Code.
A.
A person, firm, or legal entity, before installing or constructing
a temporary structure, or causing a temporary structure to be installed,
shall apply for a permit from the Village Clerk.
B.
All temporary structures installed/erected by such permit holder
shall remain subject to lawful inspections by the Village Code Enforcement
Officer. Level 3 structures shall remain subject to periodic review
and approval under the New York State and Village Code.
C.
An application for a permit for a temporary structure shall be filed
with the Village Clerk not fewer than five business days before the
date on which it is proposed to install/erect the temporary structure.
D.
The application shall be accompanied by a set of plans where applicable.
Fees for permits issued under this chapter, and for charges
related thereto, shall be established from time to time by resolution
of the Village Board.
A.
The Code Enforcement Officer shall review and inspect temporary structures
according to the provisions of the New York Building and Fire Codes
and Village Codes.
B.
Prior to the issuance of any permit under this chapter, the Code
Enforcement Officer shall review plans. If the Code Enforcement Officer
determines that the temporary structure conforms to New York State
Building and Fire Codes and Village Code upon review, the permit will
be issued.
C.
No temporary structure governed by this chapter shall be used until
the Code Enforcement Officer has completed an inspection and has determined
that the temporary structure is compliant with New York State Building
and Fire Codes and Village Codes.
The applicant, as defined in Levels 2 and 3, shall provide proof
of insurance to the Code Enforcement Officer as follows:
A.
A certificate of insurance naming the Village of Fultonville as a
certificate holder, from a New York State insurer with an AM Best
rating of A- or better Size VII Carrier naming the Village of Fultonville
as an additional insured on a primary and noncontributory basis evidencing
the following coverage: commercial general liability of $1,000,000
per occurrence with a $2,000,000 aggregate including completed operations,
product liability and personal injury liability insurance and New
York State Statutory Workers Compensation, Disability and Employer's
Liability Insurance for all employees.
B.
A fully executed hold harmless agreement in a form satisfactory to
the Village, by which the applicant shall indemnify and save harmless
the Village and its agents and employees from and against all claims,
damages, loss and expense (including but not limited to attorney's
fees) arising out of or resulting from the permitted activity, sustained
by any person or persons, provided that any such claims, damage, loss
or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of property caused by the tortious
act or negligent act or omission of the applicant, or the applicant's
employees, or agents of subcontractors.
If the Code Enforcement Officer finds that all applicable provisions
of this chapter have been complied with or will be complied with by
the applicant, a permit may be issued to install or erect a temporary
structure conditional upon such reasonable limitations and requirements
as may be deemed necessary for the protection of the public health,
safety and welfare. Nothing in this chapter shall be construed as
granting the Code Enforcement Officer any power to confer rights upon
permit holders to do any act or conduct any business or activity in
contravention of any zoning ordinance or regulation in effect in the
Village of Fultonville. It shall be the responsibility of the permit
holder to determine if the activity complies with the applicable zoning
laws.
The Code Enforcement Officer shall issue a permit as provided
for hereunder from a consideration of the application and from such
other information as may otherwise be obtained.
Each temporary structure permit shall state the following information:
A.
Date of installation of the temporary structure and date of the event.
B.
Location of the temporary structure.
C.
The name of the responsible party with a telephone number.
D.
Such other information as the Village and Code Enforcement Officer
shall find necessary to the enforcement of this chapter.
The permit holder shall comply with all permit directions and
conditions and with all applicable laws and ordinances.
A temporary structure installation permit may be revoked or
suspended by the Commissioner of Public Safety upon due notice and
after a hearing for any of the following reasons:
A.
The permit holder violates any of the provisions of this chapter.
B.
The permit holder violates any of the provisions of the New York
State Building and Fire Codes and Village Codes.
C.
The permit holder fails to provide and/or maintain required insurance
at any time.
D.
Any other conduct which evidences the inability of the permittee
to safely construct temporary structures within the Village of Fultonville.
Any person or other legal entity who violates any of the provisions
of this chapter shall be subject to the penalties. The Sheriff's
Department, New York State Police, New York State, and Village Code
Enforcement are hereby authorized to enforce this chapter.
This chapter shall take effect the day after publication as
provided by the provisions of the Village Board of the Village of
Fultonville, New York.
