NOTICE OF ADOPTION - LOCAL LAW 2 OF 2021 - TEMPORARY OUTDOOR DINING PERMITS
TOWN OF NEWBURGH
NOTICE OF ADOPTION
PLEASE TAKE NOTICE that on the 12th day of July, 2021, the Town Board of the Town of Newburgh in the County of Orange, State of New York, adopted Local Law No. 2 of 2021 entitled New York on April 26, 2021, Introductory Local Law No. 2 of the Year 2021 entitled "A Local Law Providing for Temporary Outdoor Dining Permits During the Year 2021”, the purpose and effect of which is to allow for the controlled utilization of certain outdoor spaces for dining activities, for a limited period of time, to assist business establishments in recovery from the effects of the COVID-19 pandemic emergency and the restrictions related to social distancing and decreasing maximum capacity of indoor spaces and the increased focus on operating outdoors and in the open air to the extent possible. The Local Law authorizes the Code Compliance Department to issue a permit to remain in effect for a period which expires; December 31, 2021 or such earlier date as the Code Compliance Supervisor determines warranted by the circumstances to a legally operating restaurant, eating and drinking place, fast food establishment, delicatessen and similar use with approved indoor seating as set forth in the Town of Newburgh Zoning Code, to provide outdoor seating for patrons upon complying with all of the requirements and conditions set forth in the Local Law. Application requirements will include a valid liability insurance certificate and a plan showing where the seating will be provided outdoors and potential seating capacity, not to exceed the maximum permissible indoor capacity. If seating is going to be provided in a designated parking area, the plan must also show vehicular and pedestrian access, internal vehicular circulation and the number of parking spaces available for patrons to demonstrate to the reasonable satisfaction of the Building Inspector, sufficient parking on the site. Seating shall not be proposed for fire lanes or other areas where it would significantly impede emergency responses or the flow of traffic in the judgment of the Town’s Code Compliance Department. The Code Compliance Supervisor may waive the permit application requirement if the establishment has already been permitted to have outdoor seating in 2021 pursuant to previously established protocols under emergency orders.
A public hearing on the adoption of this Local Law was held on the 14th day of June, 2021 remotely via Zoom videoconference during which the public had the opportunity to see and hear the public hearing live and provide comments on behalf or in opposition of the proposed Local Law and any part thereof. Following the posting of a transcript of the public hearing on the Town’s website, the public had the additional opportunity to provide written comments to the Town Board by mail or e-mail. The Town Board has determined it is in the best interest of the Town to adopt this Local Law.
Dated: July 16, 2021
Joseph P. Pedi
Town Clerk, Town of Newburgh