HomeMy WebLinkAboutSection 17 SECTION
17
LOCAL LAW
FOR THE YEAR 1989
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BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD AS
FOLLOWS:
SECTION 1. SHORT TITLE
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1.1 This Local Law shall hereafter be known and cited as the "Sign Law `n4
of the Town of Newfield" .
SECTION 2 . 0 . LEGISLATIVE INTENT
2 .1 The purpose of this local law is to promote and protect the pub-
lic health, welfare and safety by regulating existing and proposed
outdoor advertising, outdoor advertising signs and outdoor signs
of all types . It is intended to improve communications within the
community, to protect property values , create a more attractive
economic and business climate, enhance and protect the physical
appearance of the community, preserve the scenic and natural beauty
of designated areas , and provide a more enjoyable and pleasing
' community. It is further intended hereby to reduce sign or ad-
vertising distractions and obstructions that may contribute to
traffic accidents , reduce hazards that may be caused by signs over-
hanging or projecting over public rights-of-way, provided more
open space, and curb the deterioration of natural beauty and com-
munity environment.
SECTION 3 . 0. DEFINITIONS
3.1 Generally.
As used in this local law unless otherwise expressly stated:
1, The term "sign" shall mean any material, symbol, emblem,
structure or device, -or part thereof, composed of lettered or
pictorial matter, or upon which lettered or pictorial matter is
placed when used or located out of doors or outside or on the
exterior of any building, including exterior and interior window
surfaces , for display of an advertisement, announcement, notice,
directional matter or name, and includes sign frames , billboards ,
sign boards , painted wall signs , hanging signs , illuminated signs ,
pennants , fluttering devices , projecting signs or ground signs , and
shall also include any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interests of any person or business when the same is placed in view
of the general public . The term "sign" includes signs related and •
• unrelated .to a business' ,or profession, or to a commodity or ser-
vice sold or offered upon the premises where such sign is located.
This section shall not be construed to include interior window
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SIGNS
signs which are not permanently affixed to the interior of a win-
dow or interior of a structure and which are not self-illuminated.
2. The term "to erect" shall mean to build, construct, alter, •
display, relocate, attach, hang, place, suspend, affix or maintain
any sign, and shall also include the painting of exterior wall
signs .
3. The term "front" or "face" of a building shall mean the
outer surface of a building, including the outer and inner surface
of windows thereon, visible from any private or public street or
highway.
4 . The term "illuminated sign" shall mean any sign illuminated
by electricity, . gas or other artificial light, including but not
limited to, reflective or phosphorescent light. originating from
outside the body of the sign or from within or behind it .
5• The term "lighting device" shall mean any light, string of
lights , or group of lights located or arranged so as to cast illum-
ination on a sign face from the exterior, or to illuminate a sign
from its reverse side .
6. The term "projecting sign" shall mean any sign that projects
from the exterior of any building.
7. The term "billboard" shall mean any free-standing sign that
advertises business conducted, services provided, or products sold
on properties other than the property on which the sign is erected.
8 . The term "sign area" shall mean the surface area of a sign
that is within view of a public right-of-way, visible from any one
(1) point of view. For measurement purposes , the sign surface area
shall be calculated as follows :
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1. For rectangular wall signs : that area of the smallest rec-
tangle that can be placed over the entire sign, including
its lettering, pictorial matter or devices , frame and decora-
tive moldings along its edges , and background, if of differ-
ent color than predominant color surrounding the sign .
2 . For irregular wall signs : that area defined by the edges of
the sign, including all lettering, pictorial matter or de-
vices , frame and decorative moldings , and background if of
different color than predominant color surrounding the sign.
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`-- 3. For letters , pictorial matter or devices not attached to
frame or free-standing : that area defined by the smallest
rectangle or rectangles that can be placed over any series
of letters , pictorial matter cr devices which can be con-
sidered as a unit. In the event that both upper case and
lower case letters are used, the area shall be defined by
the smallest rectangles that can be placed over the series
of lower case letters plus the area of the smallest rec-
tangles that can be placed over the individual upper case
letters . In the event that a letter or letters or other
pictorial matter are placed as separate units on background
boards , the sign area shall be calculated as the sum cf the
areas of the background boards . In the case of a flat or
two-sided free-standing sign, the sign area is considered
to be the entire surface area of one (1) face of the sign .
4 . For free-standing double-faced signs : the area of one (1)
entire side of the sign calculated as above .
5 . For multiple-sided signs : the maximum area visible from any
one (1) point of view.
6 . For signs on other than flat surfaces : the maximum actual
surface area visible from any one (1) point of view.
9. The term "free-standing sign" shall mean any sign or sign
structure not attached to the exterior of a building, or other
structure , and no part of which extends closer than five (5) feet
to such building or other structure on the same premises . Free-
standing signs or sign structures , any part of which is closer
than five (5) feet to a building or other structure on the same
premises , shall be classified as building signs . Free-standing
signs are further defined as follows :
(1) Pole sign : A sign or signs mounted on a free-standing
sign structure consisting of one or more poles , columns
or piers , none of which supporting members shall exceed
eighteen (18) inches in any horizontal dimension between
two (2) and eight (8) feet above grade level .
(2) Ground sign : A sign or signs mounted, painted on or
fastened to a freestanding wall, pier or other sign struc-
ture of which any horizontal dimension of a structural
member exceeds eighteen (18) inches between two (2) and
eight (8) feet above grade level.
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10 . The term "portable sign" or "mobile sign" shall mean any
sign or sign structure , other than a window sign, that is not
permanently affixed to a building, structure, or the ground.
11 . The term "shopping center" shall mean premises having one
(1) or more stores or business establishments in conneztion with
which there is provided on privately-owned property near or con-
tiguous thereto an area , or areas , of land totaling at least one
(1) acre in area used by the public as the means of access to and
egress from the stores and business establishments on such premises
and for the parking of motor vehicles of customers and patrons of
stores and business establishments on such premises .
12 . The term "temporary sign" shall mean any sign fabricated of
paper , plywood , fabric , window whitewash or other light , imperma-
nent material and intended to be displayed unchanged for a ma:_imum
of thirty (30) days .
13 . The term "sign structure" shall mean any structural frame-
work or base intended to support a sign or signs , but not includ-
ing sign , sign frame , or background. Sign structures whose sepa-
rate nature and purpose as support for signage is apparent shall
not be counted as part: of the sign area permitted by this
but any sign structure or portion thereof which by shape , material ,
color or other means serves as sign box, frame , or background, or
which serves to identify the premises , its proprietors or owners ,
or the products , services or activities provided on the premises ,
shall be considered a sign as defined above .
14. The term "building sign" shall mean any sign erected on any
part of a building or structure , or on a sign structure attached
to a building . For the purposes of this
signs or sign structures , any part of which is less than five (5)
feet away from a building or structure on the same premises shall
be considered a 'building sign. Building signs are further de-
fined as follow:
(1) Wall sign : a sign fastened, painted or otherwise erected
on the wall of a building so that the wall becomes the
sign' s supporting structure, and wholly or partially forms
its background .
(2) Window sign: a permanent sign affixed to a window surface ,
or in front of or behind a window in such a manner that the
window acts as its frame or background.
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(3) Fascia sign: a sign erected or painted on the horizontal
• fascia or eave trim of a roof, including signs in the filled-in
portion of any roof gable . Such signs shall not extend beyond
any edge of the surface on which they are mounted.
(4) Permitted roof sign: a sign erected on the roof of a building
or structure in such a manner that, when veiwed from any public
right-of-way giving access to the premises , no part of the sign
or its supporting structure projects above the roof ridge , be-
yond its hips or edges , nor below the eaves line, nor more than
• eighteen (18) inches beyond the plane of the wall below.
15 . The term "directional sign" shall mean a small sign, usually
ground-mounted, whose purpose is to direct traffic safely into and
out of a premises .
16 . The term "informational sign f. shall mean a sign whose purpose
is to inform the public of safety hazards , property use regulations .
or of the location of specific activities on the premises .
17. The term "mural" shall mean a picture ,' design or decorative
treatment painted on or otherwise affixed to and covering a large
portion of a wall surface, and shall include sculpture and sculptural
treatments of solid elements for the purpose of this definition.
Murals may be erected on any wall of a structure . Signage and adver-
tising may be erected in conjunction with murals . Murals erected in
conjunction with signage shall not be considered signs for the purpose
of this local law if such murals are clearly separate from the signage,
�- and the content and design of the mural does not overtly represent
specific goods , services or activities offered for sale . Generalized
depictions of types of goods ; commonly-used symbols other than trade-
marks , brand names and logos ; and scenes which do not specifically
illustrate commercial activity may be allowed in murals . Graphic,
pictorial signage, which is contained within a sign or which forms a
design element integral to a sign, shall be considered to be signage
rather than a mural , and shall be counted as part of the signage for
the premises on which it is located.
3.2 Exclusions
For the pruposes of this local law the term "sign" does not include
signs erected and maintained pursuant to and in discharge of any
governmental function, or required by any law, ordinance or govern-
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mental regulation, nor does it include flags, emblems , or symbols
of a nation, governmental body, or school, nor memorial tablets or
historical markers , nor does it include posters or signs of a
temporary nature erected or placed for a period of not more than
v thirty (30) days as provided in § 6 .1 nor. does it include murals ,
as defined above.
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SECTION 4 . GENERAL REGULATIONS
4 .1 The prohibitions contained in this section shall apply to all
signs and all use districts, regardless Of designation, of the Town
of Newfield unless otherwise provided herein.
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4 .2 Illuminated signs.
Any illuminated sign or lighting device shall employ only lights
emitting constant intensity, and no sign shall be illuminated by or
contain flashing, intermittent , rotating , or moving light or
lights . In no event shall an illuminated sign or lighting device
be so placed or so directed as to permit the beams and illumina-
tion therefrom to be directed or beamed upon a public street ;
highway, sidewalk, navigable waterway, or air corridor, or
premises adjacent to any of these so as to cause glare or reflec-
• tion that may constitute a traffic hazard or nuisance .
4 . 3 Projecting signs.
No sign shall be erected or maintained in which any portion of
the sign or its supporting structure projects a horizontal dis-
tance of more than eighteen (18) inches from the surface to which
the sign or sign structure is attached, except as provided in
Section 11. 1 below.
4 .4 Overhead signs.
No sign shall be supported or attached, wholly or in part , over
above any wall , building , or structure , except as otherwise pro-
vided in Section 5 .2 (4) for canopy, marguee or awning signs , which
may not project beyond any edge of the building or structure to •
which the awning , canopy or marquee is attached, and except as •
otherwise provided for ground signs and sign structures , and for
permitted roof signs .
4 .5 Banners, pennants, etc.
No portable or mobile signs shall hereafter be permitted on any
premises in the Town of Newfield.
4 .6 Portable, mobile and temporary signs . •
No sign or part thereof shall contain or consist of banners ,
posters , pennants , ribbons , streamers , spinners, or other similar
moving, fluttering or revolving devices . The said devices , as
well as strings of lights , shall not be used for the purposes "of
advertising or attracting attention.
4 .7 Billboards. 46�
No billboard shall hereafter be erected in any part of the Town of
Newfield. ex: in
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SECTION 5 . SIGNS PERMITTED
5.1 Permit not required.
The following signs are permitted in the Town of Newfield without
a permit, as noted :
1. Signs temporarily advertising the sale, lease or rental of -
the premises upon which the sign is located, which sign shall not
exceed sixteen (16) square feet in area, except in residential
districts where said signs shall not exceed five (5) square feet .
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2 . Name plates , not self-illuminated, denoting •the names and/or
address of the occupants of the premises , not exceeding one hundred
forty-four (144) square inches per occupant.
3. Signs denoting the architects , engineers and/or contractors
placed on premises where construction, repair, or renovation is
in progress , not exceeding one (1) sign per premises and not excee;i-
ing eighty (80) square feet in area; provided, however , such signs
shall be removed immediately upon completion of the project or
after a period of eighteen (18) months from date of issuance of
the original building permit issued for said project, whichever •
may come first. ,
4. Directional (entrance/exit) signs on premises , each not ex- •
ceeding six (6) square feet in area. One each "in"
and "out" signs are permitted per curb cut serving commercial esta-
blishments and the "in" sign may bear one word or symbol identify-
ing the business such as "Smith' s" or "Gulf" occupying the premises
in lieu of "in" , "enter" , etc . , which identifier may not cover
more than 25% of the total area of the directional sign .
Gasolina service stations may substitute one or two informa-
tional signs for an equal number of directional signs . Such in-
formational signs shall be permitted in addition to the total
number of signs allowed per premises , but shall be otherwise sub-
ject to restrictions 'on location and on total sign area as
specified in .§ 5. 2 (2) below. Informational signs thus
substituted for directional signs shall not exceed four (4) square
feet each in area, and if free-standing , shall extend not more
than ten (10) feet nor less than- eight (8) feet above grade .
5 . Signs or bulletin boards customarily incident to places of
worship, libraries , museums , social clubs or societies , which signs
or bulletin boards shall not exceed twenty-five ( 25 ) square feet in
area and shall be located on the premises of such institutions .
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6 . Murals
Where any part of a mural will be visible from a public way, a des - . -
cription of the proposed mural shall be submitted to the Code Enforce-
ment officer for a determination as to whether such mural , or any
part thereof would constitute signage within the meaning of
S 3.1 (7) and § 3 .1 (18) above . The description submitted shall fully
explain the proposal in terms of size , location on the property,
graphic/pictorial content , and relationship to any signage existing
or proposed for the property, to aid the Code Enforcement Officer in
making his determination.
Upon determination by the Code Enforcement Officer that a proposed mural
does not constitute signage , murals not subject to further review as
indicated above may be erected without permit or fee . Murals or any
part thereof which are determined to be signage shall be subject to
j the provisions of this Local Law.
5.2 , Permits required
The following signs are permitted, . but . require
a permit as provided herein:
1 . Any sign advertising a commercial enterprise , including real
estate developments_or subdivisions , shall not exceed five (5 )
• square_feetin area and shall advertise only the name of the owner,
trade names , products sold and/or the business or activity conducted
on the premises where such sign is located, provided that no more
than one ( 1) sign shall be allowed for each such business or com-
mercial activity conducted on the premises and shall in all re-
spects conform to the provisions of this Local Law respecting signs
permitted for commercial establishments.
2 . A sign or notice having an area of fifteen (15 ) square feet
or less of a public utility, gasoline service station, public gar-
age and outdoor display area necessary for the direction, informa-
tion or safety of the public Gasoline service stations
zones may substitute one or two such signs for an equal number
of directional signs as permitted under 5.1 (4) above, provided that -
if such informational signs are free-standing, they shall extend
no more than ten '( 10) feet nor less than eight (8 ) feet above
grade level .
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3 . For any place of business , not more
than one ( 1) free-standing sign or structure erected for the pur-
pose of advertising a business , products, and/or services provid-
ing such sign does not exceed a maximum area of fifty (SO) square
feet in area, and a maximum height of thirty (30) feet from ground
level to the top of said sign and structure . Each
individual business on a separate lot may be permitted two ( 2)
free-standing sign structures , one of which may bear a total of
not more than one hundred (100) square feet of signage and neither
of which may be more than twenty-two ( 22) feet high, and each shop-
ping center may be permitted one (1 ) free-standing sign or sign
structure bearing a total of not more than one hundred fifty
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(150) square feet of signage and which may not exceed twenty-two
(22) feet in height '
4. Signs on •the front or sides , or affixed to the top edge or
bottom surface of a marquee, canopy, awning or sunscreen. Such
signs shall be counted as part of the total area and number of
signs permitted the premises under this local law and shall be
subject to computation of area and payment of fees as covered in
focal law. Such signs shall not project more than eighteen
(18) inches from the surface to which they are attached, nor ex-
tend beyond any edge of such surface, except that signs affixed
to the top edge of a marquee or similar structure shall not pro-
ject beyond the front of side face above which it is mounted; and
except further that such marquee signs may be more than eighteen
(18) inches tall provided that they do not project visually above
the top of the building facade or roof ridge when viewed from the
public right-of-way. Signs affixed to the underside of a marquee
or similar structure shall maintain a clearance of at least seven
(7) feet above grade or sidewalk level.
5 . 3 Special Rules.
The following special rules shall apply to signs permitted under
the. Local Law:
(1) Multiple signs on a free-standing sign structure may be permitted
and counted as a single sign if they meet the following criteria:
(a) All signs except the topmost sign must be rectilinear in
outline and must align horizontally and vertically;
(b) All signs except the topmost must be mounted so that there
is a maximum of nine (9) inches between adjacent edges ; -
less is. preferred;
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(c) No more than three (3) separate signs larger than eight
(8) square feet each may be mounted on the same structure,
but additional smaller signs may be permitted within total
area 'restrictions ;
(d) The topmost sign may be irregular in outline, is not re-
quired to align vertically, and may be more than nine (9)
inches from the sign below it L
(e) All other regulations (area, height, setback, etc . ) apply.
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(21 .Exception.
Where a structure or building has frontage on more than one (1)
street, public highway, or waterway, one (1) sign attached,
painted on or applied to the front or face of said structure or
building shall be permitted facing each street, public highway or .
waterway frontage, within the overall allowance for number of
signs and total sign area and . use type
specified in this local law which maximums shall apply to the
premises as a whole . •
(3) Shopping centers , etc.
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In the case of shopping centers and other multi-use facilities ,
one (1) free-standing sign shall be allowed for the development
as a whole, and not for each individual use .
SECTION 6 . TEMPORARY SIGNS •
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6 .1 Permitted signs .
All signs of a temporary nature such as political posters ,
banners , promotional devices and other signs of a similar nature
may be erected without a permit for a period not exceeding thirty.
(30) days , provided the consent of the property owner or occupant
is obtained and that such signs are not attached to fences , trees ,
utility poles , or the like and that such signs are not placed in
such a position as may obstruct or impair vision or traffic or
in any manner create a nuisance, hazard, or disturbance to the
• health and welfare of the general public. All such signs must
identify the name and address of the sponsoring person or organi-
zation and the name of a person'responsible for their removal at
the expiration of the thirty (30) day period.
6.2 Permit required.
(1) . No person or sponsoring organization which is commercial or other-
.,
-Wise profit-making shall place or cause to be placed any sign of a
temporary nature without first obtaining a permit as hereinafter
provided, except for 'the purpose of utilizing temporary signs for
advertising special sales or products or services sold within -such
establishment.
(2) No permit shall be re.qufred for stores or other commercial
establishment may place or cause to be placed temporary signs within
premises or within windows on premises occupied by such store or com-
mercial establishments advertising sales or products or placed by
customers without charge by the operator of such store or commercial
premises .
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SECTION 7. SIGN SETBACKS
7.1 No free-standing sign or sign structure shall be
erected or maintained in such a manner so as to pro-
ject over or above any street, public highway, or waterway, nor •
shall any such free-standing sign be erected or maintained in such
a manner as to project within eighteen (18) inches of a public or
private right-of-way, the inner edge of a public highway, sidewalk,
or waterway. Said signs (or sign structures) shall be set back at
least ten (10) feet from any public highway or street right-of-way.
SECTION 8 . PERMITS _.
8 .1 Permit required; Conforming signs.
Except as otherwise herein provided, no person shall, after the effective
date of this Local Law, erect any sign as defined herein without first
obtaining a permit therefor from the Code Enforcement Officer. Signs
erected prior to January 1, 1989 which conform to the provisions and
standards of this Local Law shall not require the issuance of a permit
but shall otherwise be subject to the provisions of this Local Law,
including but not limited to Section 9 . 1 and Section 10.
8 .2 - Application for permit '
Application for the permit shall be made to the Code Enforcement
Officer in writing, in duplicate, upon forms prescribed and provided
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by the Code Enforcement Officer and shall contain the following in_-
' formation:
1. Name, address , and telephone number of both applicant and
the owner of the property on which the sign is to be located.
2. Location of building, structure, or land to which or upon
1 which the sign is to be attached or erected.
3. A detailed drawing or blueprints showing a description of
the construction details of the sign and showing the lettering
and/or pictorial matter composing the sign; position of lighting
or other extraneous devices ; a location plan showing the position
• of the sign on any building or land, and its .position in relation .
to nearby buildings or structures and to any private or public
street or .highway. •
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4. . Written consent of the owner of the building, structure or
land to which or on' which the sign is to be erected, in the event
. the applicant is not the owner thereof.
S . A copy of any required or necessary electrical permit issued
for said sign or a copy of the application therefor . .
- 6 . Such additional information as the Code Enforcement Officer may
reasonably require in order to carry out the intent of this'Local Law.
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8 . 3 Permit fees
1. The following fees shall be paid to the -Town of Newfield, New
York, upon filing of an application for a sign permit:
Sq. Ft . Area Fee Per Sign
0 - 50 $20 .00
51 -100 40 .00
101 -150 60.00
151 -200 80 .00
• . 201 -250 100.00
2. For the purpose of establishing the fee the calculated square
foot area of • the sign shall be rounded to the nearest whole square
foot .
8 .4 Investigation , issuance of permit ; expiration; renewal
(1) It shall be the duty of the Code Enforcement Officer upon the filing
of an application for a permit to erect a sign, to examine such
plans , specifications and other data submitted to him with the •
application, and, if necessary, the building or premises upon which
it is proposed to erect the sign or other advertising structure.
If it shall appear that the proposed sign is in compliance with
all the requirements of this Local Law and other laws and ordinances
of the Town of NewfieldNew York the Code Enforcement Officer 'shall,
then within fifteen (15) days , issue a permit for the erection
. of the proposed sign.
(2) Expiration and renewal . •
If the sign authorized under any such permit has not been fully
erected within six (6) months from the date of the issuance of such
permit , the permit shall become null and void, but may be renewed
within ten (10) days from the expiration thereof for good cause -
shown upon payment of an additional fee of .Five Dollars ($5.00) .
SECTION 9-. ERECTION, MAINTENANCE AND REVOCATION OF PERMIT
9 . 1 Erection.
No sign , whether new or ,existing , shall hereafter be erected or
altered, except in conformity with the provisions of this Local Law.
9.2 Maintenance.
* However, notwithstanding any provisions contained herein,- the sign
must be kept clean, in neat order and repair , and free from all
hazards , such as but not limited to faulty wining and loose fasten-
ings , and must be maintained at all tides in such safe condition so
as not to be detrimental to the public health or safety .
9. 3 Revocation for failure to correct violation.
In the event of a violation of any of the foregoing provisions ,
Code Enforcement Officer shall give written notice , specifying the
violation, to the named owner of the sign and the named owner of
the land upon which the sign is erected, sent to the addresses as
stated in the application for the sign permit , to conform or remove
such sign . The sign shall thereupon_be conformed by the owner of
the sign and the owner of the land c.ithitt sixty (60) days from the
date of said notice . In the event such sign shall not be so con-
formed within sixty (60) days , the Code Enforcement Officer shall
thereupon revoke the permit , and such sign shall be removed by
the named owner of the sign or the named owner of the land within
) thirty (30) days after receipt of notice of permit revocation .
SECTION 10 . UNSAFE OR DANGEROUS SIGNS •
10.1 If the Code Enforcement Officer shall find that any sign regulated '
by this Local law is unsafe or insecure , or is a menace to the public ,
he shall give written notice to the named owner of the sign and the
named owner of the land upon which the sign is erected, who shall
remove or repair the said sign within fourteen (14) day from the
date of said notice , If the said sign is not removed or repaired ,
the Code Enforcement Officer shall revoke the permit issued for such
-sign , as herein provided, and may remove or repair said sign and
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shall assess all costs and erper1ses incurred in said removal or
repair against the land or building on which suci' sign was located .
the Code Enforcement Officer . may causc any sign which is a source of
immediate peril to person or property or any temporary sign not
rettoved at the expiration of thirty (30) days to be removed sum-
marily and without notice.
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SECTION 11. NONCONFORMING SIGNS; TIME LIMITATIONS
11. 1 In the event a sign is erected prior to January 1, 1989, which
does not conform with the provisions and standards of this Local Law,
the requisite permit, as provided herein, shall be granted for every
such sign or other advertising structure for a period of time not
to exceed February 1, 1996 . All non-conforming signs shall be removed
or brought into conformity on or before February 1, 1996 . The Code
Enforcement Officer upon determining that any such non-conforming sign
exists at the end of said period, shall notify the owner of the premises
in writing to remove the said sign within thirty (30) days from the date
of such notice. Upon failure to comply with such notice within the
prescribed time, the Code Enforcement Officer is hereby authorized to
remove or cause removal of such sign, and shall assess all costs and
expenses incurred in said removal against the land or building on which
such sign is located.
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SECTION 12 . VARIANCES, REVIEW AND APPEAL
12.1 Board of Appeals
(1) The Town Board of the Town of Newfield is designated the Board •
of Appeals to determine any grievance, complaint or denial of a
Permit or appeal of any decision of the Code Enforcement Officer under
this Law.
12. 2 Procedure.
(1) Any party desiring appeal to the Board of Appeals of any matter
set forth in Section 10 .1 shall file any appeal on forms provided for
such purpose by the Town Clerk within 30 days of such decision of the
Code Enforcement Officer or denial of a permit requiring review. The
time to file an appeal may be waived by the Board of Appeals on good
cause shown.
(2) The Board of Appeals by a quorum consisting of a majority of its
members shall hear such appeal within 30 days of the filing of the
same. Adjournments of the hearing may be granted only on good cause
shown by the Board of Appeals.
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(3) The Board of Appeals shall issue its desicion within ten (10)
days from the hearing in writing by mailing a copy of the decision to
the appellant at the address set forth in the form filed for appeal.
' I
SECTION 13. PENALTIES AND ENFORCEMENTS •
13.1 Penalties
(A) Any person who commits Cr permits the commission cf 'any
act Cr acts in violation of any cf the provisions cf
this local law shall be subject to a fine cf nct more
• than Two Eundred Fifty. Dollars ($250 .00) Cr LT_^rison_ment
days, cr both such fine
for riot more than fifteen (1_5)
nt su_pens_icn cf the permit for
and i_nprisor_n__.�, and/or
a period of at least five (3) days, for each such viola-
tion. Each dav such violation shall continue e c be
p6rmitted to exist shall constitute a se a'-a to
violation.
-"___-- (B) In addition to the penalties herein provide= for, the
Town Board may also maintain an action Cr proceeding
iz the name of the Town in a court of competent juris_
diction to compel compliance With or to restrain by.
y• violation of this local law. Nct:rith-
injunc�lon any v_o-�
ty herein, the Town cf Newfield
_=tandi zc env other penalty ,
may 30 days after a conviction under this local law
enter upon_ the premises of the violator and remove ail signs
which have constituted such violation and charge the
violator for the reasonable costs thereof. Such unpaid
be deemed town charges and shall be levied
charges shall
as in a manner of a special assessment cn the tax levy
against such property at the first levy following the
i 1 1 such charges by the Town of Newfield.d. Such
b---ins, for s
unpaid assessments shall be a lien against the real
property of the violator. •
13.2 ENFORCEMENT OFFICER
The Town of Newfield- shall have the authority to appoint an
Enforcement Officer authorized and empowered to act en behalf cf the
Town of Newfield to enforce the provision=_ cf this law. including the
right of entry onto any premises having permits or applying for the .
same or premises which have no permits, but reasonably deemed to be in
violation of the law.
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SECTION 14 . VIOLATIONS AND PENALTIES
14 . 1 Failure to comply with any of the provisions of this Section
shall be deemed a violation and punishable by a fine of not more than
Two Hundred Fifty Dollars ($250 . 00) for each violation, in addition to
penalties for violation of any other Local Law of the Town of Newfield.
Each day such violation continues shall constitute a separate viola-
tion.
SECTION 15 . MISCELLANEOUS
15. 1 Minimum Requirements
(1) The provisions of this law are intended to be the minimum require-
ments necessary to accomplish the purpose of the law and must be inter-
preted and applied accordingly. When requirements of this Law conflict
with the requirement of other lawfully developed rules , regulations,
or law, the most restrictive or that imposing higher standards takes
precedence .
15.2 A_pplication .of Other Laws
ti
(1) Nothing contained in this Local Law shall relieve any person from
the requirement of complying with any other law, rule or regulation of
the State of New York or Local Law or order of the Town of Newfield,
including but not limited to the New York State Uniform Fire Prevention
and Building Code or Local Law No. 1 for 1984 .
15. 3 Separability.
(1) The invalidity of any Section or provision of this Local Law does
not invalidate any other Section or provision thereof.
15.4 Effective date
(1) The Local Law shall be effective upon filing with the Secretary
of State in accordance with Section 27 of the Municipal Home Rule
Law.
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oG
•
NEW YORK STATE DEPAR'T'MENT OF STA'T'E
41 STATE STREET
Local Law Filing ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should he given as amended. Do not include matter being eliminated and do not use italics or
underlining to indicate new matter.
COMM
Newfield
Town
Local Law No. 1 of the year 20 03
A local law Sign Law of the Town of Newfield
(hoerl Tide) --. __--------- - --- -- -
Be it enacted by the __ Town 13oard of the
(Name o/Legislative ftwmft
OW of _--.__-,Newfield as follows:
Town
tip
See attached pages
(If additional space is needed, attach pages the same size as this sheet, and number each.)
)s-21) use,. 11/99) Page 1 of 3
LOCAL LAW NO. 1 FOR THE YEAR 2003
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD
AS FOLLOWS:
This Local Law shall be known as the "Amendment to Sign Law "
•
SECTION 3.0 - Definitions
7. The term "billboard" shall mean any free-standing sign larger than
4' X 8' owned by a corporation or business that sells advertisement
to other businesses. A letter of permission must be submitted to
the Code Enforcer from the landowner stating permission for
business to advertise on their property.
10. The term "portable sign" or "mobile sign" shall mean any sign or
sign structure, other than a window sign, that is not permanently
affixed to a building, structure, or the ground. The sign shall not
blink and shall be anchored in such a manner as to not fall over.
SECTION 4 - GENERAL REGULATIONS
4.5 Portable, mobile and temporary signs
All portable or mobile signs must be anchored in such a manner as
to not fall over.
SECTION 6 - TEMPORARY SIGNS
6. 1 Permitted Signs
All signs of a temporary nature such as political posters, banner,
promotional devices, weddings, lawn/yard, dinner and other signs of a
similar nature may be erected without a permit provided the consent of
the property owner or occupant is obtained and that such signs are not
attached to fences, trees, utility poles, or the like and that such signs are
not placed in such a position as may obstruct or impair vision of traffic
or in any manner create a nuisance, hazard, or disturbance to the health
and welfare of the general public. All such signs must identify the name
and address of the sponsoring person or organization and the name of a
person responsible for their removal. Signs must. be removed 24 hours
after the event.
1
Page: 2
LOCAL LAW NO. 1 FOR TILE YEAR - 2003
This Local Law shall he IcnoWn as the "Amendment to Sign Law "
SEC'1'I()N 7 — Sign Set hacks
7. I No free-standing sign or sign structure shall he erected or
maintained in such a manner so as to project over or above any
street, public highway, or waterway, nor shall any such free-
standing sign he erected or maintained in such a manner as to
project: within eighteen (18) inches of a public or private right-of
way, the inner edge of a public highway, sidewalk, or waterway.
Properly owner to determine the Right of Way and inform Code
Enforcer.
2
II
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
I. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 1 of 20
the (O xy)(000(Town) tittagec)of_ --Ne fie 1 d was duly passed by the
To Board July 10 20 03
on
,to accordance with the applicable
(Nome of Legidalive boeh)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on _ 20 ,and was(approved)(not approved)
(Name of Legi.slotive Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer')
on _._ _____ 20 _, in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Noose of Legislaliye Body)
(repassed after disapproval)by the _ on 20
(Elective Chic)Executive Officer")
Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general) (special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 .Such local
(Elective Chief Executive Officer')
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
•
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,
the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
Is)1-239 (1tcv I Iplg) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section(36)(37)
of the Municipal 1-Tome Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city
voting thereon at the(special)(general)election held on 20 —, became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the County of State of New York,having been submitted to the electors at the General Election of
November__ 20 _, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and
having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority
of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
(if any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner
indicated in paragraph _1 , above. //
Clerk of the county legislative body,City,Town or Village Clerk or
officer designated by local legislative body
(Seal) Date: July 10, 2003
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other
authorized attorney of locality.)
STATti OF NEW YORK
COUNTY OF Tompkins__-_ _
I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have
been had or taken for the enactment of the local law annexed heret
"CT- //)- .)---
nature
Town Attorney
Title
WINO
X of Newfield
Town
xvott gt6x
Date: July 10, 2003
nos-23'9 (Rev.11/99) Page 3 of 3
i J