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Motocross Track

Discussion in 'Copyright, Trademark, Patent Law' started by Doyle670, Aug 25, 2009.

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  1. Doyle670

    Doyle670 Law Topic Starter New Member

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    My brother and I purchased a house with 100 acres. We are outdoors people, love doing things outside and have decided to look into building a motocross track.

    I started the process, talked with a town representative to see what we would have to do, started talking to neighbors, started taking sound measurements, started creating a site plan. It was determined that we would have to file for a special use permit.

    In the meantime a friend of my brother's started doing some work on the track. Started making some jumps, berms, etc. We had him start this work because he had some down time and he was looking to do this pro bono. How could we refuse. I started a petition to get an idea of how the town residents would respond. 98% of them are in favor and are excited about the project. One particular neighbor is causing as much chaos as possible. She turned us in to DEC for not having the proper permits, eventhough we had decided that we were going to keep the track covered in grass so that a stormwater permit was not needed. Because DEC got involved and notified the town, the town issued a cease and desist order to halt any construction.

    Now my questions are this, if we want to operate this as a private track are we able to continue the construction of it? Is there limitations on the number of people that can ride? Can people come watch people ride, if we don't charge them? Can we ask for donations from riders to help pay the cost of extra liability insurance? If we operate this as a private track, can we in the future again try to get a special use permit to open this up as a commercial track?

    Any info would be great.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If you are in a residential area then I am sure there are zoning limits on what you can build on the land. In addition, you might have to deal with local ordinances and issues concerning noise. If you were issued a cease and desist from building without a permit, then my above assumptions should be correct - you need some type of permission to build a motocross track on your residential land. As you should know, even building certain types of structures require permits - even on your "private" property. You need to either do the research yourself with regard to local land use and zoning requirements or speak to a local attorney who is familiar with such.
     

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