§ 34-87. Processing of application for permits.

(a)

Order. Applications for permits shall be processed in order of receipt, and the use of a particular park, area of town, street, or part thereof shall be allocated in order of receipt of fully executed and complete applications.

(b)

Conditional approval.

(1)

Applications for permits for activities or events which require insurance, approval, or permits from other governmental entities, or compliance with other terms or conditions, will be reviewed and, if the application otherwise conforms to all other requirements, a conditional approval will be issued. If, within one week prior to the event any required security deposit is not paid, or an insurance certificate evidencing the requisite insurance is not filed with the town clerk, or the approval or permit of other governmental entities has not been received, or any other terms and conditions have not been met, the conditional approval will automatically expire, the application for permit will be deemed denied, and no written notice of denial will be required.

(2)

No permit shall be issued unless all applicable insurance and security deposits are supplied within the times set forth above. Failure to supply insurance or security deposit within that time shall cause the application to be deemed denied, without further notice to the applicant.

(c)

Written denials. If no written denial or conditional approval is issued within 14 days of the date on which a permit application is fully completed, executed and filed with the appropriate town official, the application shall be deemed to have been granted a conditional approval pursuant to the above; provided, however, that the town may extend the period of review for an additional 14 days by issuance of a written notice of extension. If, prior to the expiration of the extended review period, no further denial is issued, the application for permit shall be deemed to have been granted a conditional approval.

(d)

Notice of extended review or denial or issuance of permit. Written notice of denial or notice of extension shall be served on the applicant by personal delivery or by deposit in the United States mail, with proper postage prepaid to the name and address set forth on the application for permit.

(e)

Contents of notice; grounds for denial.

(1)

Notice of denial of an application for permit shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by the town for measures by which the applicant may cure any defects in the application for permit or otherwise procure a permit. Where an application or permit has been denied because a fully executed prior application for the same time and place has been received, and a permit has been or will be granted to the prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular area, the town shall propose an alternative place, if available for the same time, or an alternative time, if available for the same place.

(2)

To the extent permitted by law, the town may deny any application for permit if the applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant. The town may also deny an application for permit on any of the following grounds:

a.

The application for permit (including any required attachments and submissions) is not fully completed and executed;

b.

The applicant has not tendered the required application fee with the application or has not tendered the required indemnification agreement, insurance certificate, or security deposit within the times prescribed;

c.

The application for permit contains a material falsehood or misrepresentation;

d.

The applicant is legally incompetent to contract or to sue and to be sued;

e.

The applicant or the person on whose behalf the application for permit was made has on prior occasions damaged town property and has not paid in full for such damage, or has other outstanding and unpaid debts to the town;

f.

A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part hereof;

g.

The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the town and previously scheduled for the same time and place;

h.

The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other uses of the town streets or park or town employees or of the public;

i.

The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the town concerning the sale or offering for sale of any goods or services;

j.

The use or activity intended by the applicant is prohibited by law or by ordinances of the town.

(f)

Amendment or revision of applications. Any amendment or revision of an application or permit shall, for purposes of determining the priority of the application for permit, relate back to the original filing thereof; but the time in which the town shall grant or deny the application for permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision.

(g)

Time for submitting application. Any application for a permit must be submitted not less than 45 days prior to the planned event for which a permit is sought in order to give sufficient time for review and appropriate action thereon, including amendment by the applicant and any appeal from a partial or complete denial of the application. Failure to timely submit an application shall not, in and of itself, cause the application to be rejected, but the town will provide alternate dates to the applicant for the activity for which an untimely application is submitted.

(Ord. of 3-4-2008, part IV)