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TOWN SCHEDULES HEARINGS ON NEW SIGNAGE LAWS
Release Date: March 26, 2018

TOWN OF NEWBURGH

NOTICE OF PUBLIC HEARING

ON PROPOSED LOCAL LAW

                                               

            PLEASE TAKE NOTICE that there has been introduced before the Town Board of the Town of Newburgh in the County of Orange and State of New York on November 13, 2017, a Local Law designated as Introductory Local Law No. 2 of the Year 2018 and entitled “A Local Law Amending Chapter 185 Entitled ‘Zoning’ of the Code of the Town of Newburgh: Sign Regulations.”

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The purposes and effects of the Local Law are to comprehensively amend Section 185-14 of the Town of Newburgh Zoning Code in order to regulate the number, size, placement and physical characteristics of signs in all zoning districts of the Town.. The regulations are not intended to and do not restrict, limit or control the content or message of signs.  The regulations balance the need to protect the public safety and welfare, the need for a well-maintained and attractive community and the need for adequate identification, communication and advertising for all land uses. The regulations allow for adequate and multiple types of signs for a site but do not necessarily assure or provide for a property owner's desired level of visibility for signage.  Certain enumerated types of signs are exempted from the regulations but may be subject to other portions of the Town Code or be required to meet specified conditions.  Certain enumerated types of signs are prohibited, as well as signs which are not included under the types of signs permitted in specific district regulations or Section 185-14.  The local law provides for how sign face area and height will be measured.  Nonconforming signs existing at the time of adoption of the local law may be continued until certain events occur and ordinary maintenance and repairs not exceeding 20% of the value of the sign may be made.

 

The Local Law establishes general design criteria for signs, sets forth general placement and construction criteria and provides for specific regulations for certain sign types including attached wall signs, suspended wall signs, projecting signs, under canopy signs, free-standing signs, window signs, awning signs and fence signs.  The Local Law enumerates the types of signs permitted in all districts, in the RR, AR, R-1, R-2 and R-3 residential districts, in the B (Business) district and in the IB (Interchange Business) and I (Industrial) districts.  The accessory use columns in the Tables of Use and Bulk Requirements for each of the zoning districts is amended to refer to the amended Section 184-14.

 

Sign application and permit requirements are set forth in the Local Law, as are provisions for inspection, enforcement and removal of certain signs.

 

            PLEASE TAKE FURTHER NOTICE that pursuant to Section Twenty of the Municipal Home Rule Law, a public hearing will be held on the aforesaid proposed Local Law before the Town Board of the Town of Newburgh at the Town Hall at 1496 Route 300 in the Town of Newburgh, New York at 7:00 o'clock p.m. on April 9, 2018 at which time all interested parties will be heard.         The Town of Newburgh provides reasonable accommodations for the disabled. Disabled individuals who need assistance in order to participate should contact the Town Clerk’s office at 564-4554.  Advance notice is requested. The public hearing will be conducted concurrently with hearings on additional Local Laws amending the Municipal Code’s sign provisions.  The Town Board has determined that the action encompassing the adoption of these Local Laws is a Type I action under the State Environmental Quality Review Act regulations and has notified involved and interested agencies of its intent to act as the lead agency for the action.

 

 

 

Dated: March 21, 2018         

                                                                        Andrew J. Zarutskie

 

                     Town Clerk, Town of Newburgh

 

 

TOWN OF NEWBURGH

NOTICE OF PUBLIC HEARING

ON PROPOSED LOCAL LAW

                                               

            PLEASE TAKE NOTICE that there has been introduced before the Town Board of the Town of Newburgh in the County of Orange and State of New York on November 13, 2017, a Local Law designated as Introductory Local Law No. 3 of the Year 2018 and entitled “A Local Law Amending Chapter 185 Entitled ‘Zoning’ of the Code of the Town of Newburgh: Electronic and Illuminated Signs .”

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The purposes and effects of the Local Law are to implement a change in the Town of Newburgh Zoning Code to address changes in the technology of sign illumination and certain design guidelines and to fulfill the objectives of Section 185-14 of the Municipal Code.  The Local Law adds Subsection 185-14P entitled “Electronic and illuminated signs” to the Code. 

 

Subsection 185-14P will include definitions of the following terms:  Animated Sign, Electronic Message, Electronic Sign, Dissolve, Fade, Flashing, Frame, Frame Effect, Illuminated Sign , Nits, Scroll, Time, Temperature or Price Sign, Transition and Travel.  Subsection 185-14P provides that Electronic Message Displays may be permitted with the approval of a special use permit from the Planning Board in the B, IB and I zoning districts and on properties fronting on NYS highways in the RR, AR, R-1, R-2 and R-3 zoning districts, subject to standards and requirements which include:  operational limitations, minimum display time, message change sequence,  transition duration, number of electronic message displays per site, restrictions on special effects,  electronic message display area as a percentage of total sign area, types of signs on which electronic message displays are permitted, provision of   manufacturer’s manual to the Town and a requirement for  Electronic Message Displays to go dark in the event of a malfunction.   Electronic Signs which do not have Electronic Message Displays will be required to use lights which are stationary and constant in intensity and color.  All electronic signs are required to be equipped by the local law with an automatic dimming photocell which adjusts the display’s brightness based on ambient light conditions.   Electronic sign faces will be required to be oriented away from areas zoned for residential use and if  located on a lot adjacent to any residentially-zoned lot and within 100 linear feet of the lot boundary, to be turned off between the hours of 11:00 p.m. and 6:00 a.m.  Electronic signs will be required to be located at least 200 linear feet from any residence on a residentially zoned lot.  Maximum foot candle brightness levels for Electronic Signs are established by Zoning District and a general standard is also established and certification required that no electronic sign shall be illuminated to a degree of brightness greater than necessary for adequate visibility or a maximum of 300 nits between sunrise and sunset, 5,000 nits during daylight hours, or the minimum standards set by the Federal Highway Administration, whichever is more restrictive.  Standards are also established for non-electronic illuminated signs.

 

 

            PLEASE TAKE FURTHER NOTICE that pursuant to Section Twenty of the Municipal Home Rule Law, a public hearing will be held on the aforesaid proposed Local Law before the Town Board of the Town of Newburgh at the Town Hall at 1496 Route 300 in the Town of Newburgh, New York at 7:00 o'clock p.m. on April 9, 2018 at which time all interested parties will be heard.         The Town of Newburgh provides reasonable accommodations for the disabled. Disabled individuals who need assistance in order to participate should contact the Town Clerk’s office at 564-4554.  Advance notice is requested.  The public hearing will be conducted concurrently with hearings on additional Local Laws amending the Municipal Code’s sign provisions.  The Town Board has determined that the action encompassing the adoption of these Local Laws is a Type I action under the State Environmental Quality Review Act regulations and has notified involved and interested agencies of its intent to act as the lead agency for the action.

 

Dated: March 21, 2018         

                                                                        Andrew J. Zarutskie

                                                                        Town Clerk, Town of Newburgh

 

 

TOWN OF NEWBURGH

NOTICE OF PUBLIC HEARING

ON PROPOSED LOCAL LAW

                                               

            PLEASE TAKE NOTICE that there has been introduced before the Town Board of the Town of Newburgh in the County of Orange and State of New York on November 13, 2017, a Local Law designated as Introductory Local Law No. 4 of the Year 2018 and entitled “A Local Law Amending Chapter 185 Entitled ‘Zoning’ of the Code of the Town of Newburgh: Sign Regulations for Shopping Centers.”

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The purposes and effects of the Local Law are to address signage in Shopping Centers located in the Town of Newburgh.   Because Shopping Centers contain multiple commercial users operating as a unit under single ownership in both individual and adjoining structures and because commercial users of Shopping Centers have varied signage needs and requirements, the Local Law establishes comprehensive signage regulations to ensure that there is a balanced and appropriate quantity and quality of signage and that such signage presents a uniformity of design and pleasant appearance.  The Local Law permits Attached Wall, Suspended Wall, Freestanding Ground, Awning, Under Canopy and Directory Signs within a Shopping Center subject to conditions governing total sign area, height and placement and limits on the total number of freestanding signs.  Temporary non-illuminated banners, signs for promotional or special events, temporary  decorative signs, and banners and pennant signs are also regulated and certain signs  such as signs inside a building, painted wall decorations, painted scenes and painted wall highlights meant strictly for artistic, decorative or design use or enhancement,  public and/or governmental signs, including traffic control or similar regulatory devices, flags and insignia of any government, non-illuminated warning signs,  temporary  non-illuminated signs and holiday decorations are exempted,   The Local Law requires that  comprehensive sign plans for shopping centers be submitted to the Planning Board

 

 

            PLEASE TAKE FURTHER NOTICE that pursuant to Section Twenty of the Municipal Home Rule Law, a public hearing will be held on the aforesaid proposed Local Law before the Town Board of the Town of Newburgh at the Town Hall at 1496 Route 300 in the Town of Newburgh, New York at 7:00 o'clock p.m. on April 9, 2018 at which time all interested parties will be heard.         The Town of Newburgh provides reasonable accommodations for the disabled. Disabled individuals who need assistance in order to participate should contact the Town Clerk’s office at 564-4554.  Advance notice is requested.  The public hearing will be conducted concurrently with hearings on additional Local Laws amending the Municipal Code’s sign provisions.  The Town Board has determined that the action encompassing the adoption of these Local Laws is a Type I action under the State Environmental Quality Review Act regulations and has notified involved and interested agencies of its intent to act as the lead agency for the action.

 

 

Dated: March 21, 2018         

                                                                        Andrew J. Zarutskie

                                                                        Town Clerk, Town of Newburgh

 

TOWN OF NEWBURGH

NOTICE OF PUBLIC HEARING

ON PROPOSED LOCAL LAW

                                               

            PLEASE TAKE NOTICE that there has been introduced before the Town Board of the Town of Newburgh in the County of Orange and State of New York on March 23, 2018, a Local Law designated as Introductory Local Law No. 5 of the Year 2018 and entitled “A Local Law Amending Chapter 185 Entitled ‘Zoning’ of the Code of the Town of to Prohibit Signs on Lampposts, Traffic Signal Poles and Utility Poles .”

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The purposes and effects of the Local Law are to implement changes in the Town of Newburgh Zoning Code to prohibit signs on lampposts, traffic signal poles and utility poles based upon findings with regard to the detrimental and safety hazard effects of such signs.  With the exception of any sign erected by governmental authorities or public utilities, signs located upon lampposts, traffic light poles or upon utility poles without the express written permission of the utility company are added to the list of prohibited signs in the Town.  The Local Law establishes a rebuttable presumption that  any person, business or entity identified on any sign, poster, sticker or advertising device regulated by the new Code provisions, or the owner, agent, registrant, manager, business, entity or person in charge of any telephone number, web site, entity, business or address identified on any sign, poster, sticker or advertising device is responsible for the placement of that sign, poster, sticker or advertising device and provides for notice to the responsible person and property owner and the ordering of the removal of such signs, subject to the right  to appeal the determination of the Building and Code Enforcement Officer, ordering the removal or compliance by filing a written notice of appeal with the Zoning Board of Appeals within 10 days after receipt of the notice.

 

            PLEASE TAKE FURTHER NOTICE that pursuant to Section Twenty of the Municipal Home Rule Law, a public hearing will be held on the aforesaid proposed Local Law before the Town Board of the Town of Newburgh at the Town Hall at 1496 Route 300 in the Town of Newburgh, New York at 7:00 o'clock p.m. on April 9, 2018 at which time all interested parties will be heard.         The Town of Newburgh provides reasonable accommodations for the disabled. Disabled individuals who need assistance in order to participate should contact the Town Clerk’s office at 564-4554.  Advance notice is requested.  The public hearing will be conducted concurrently with hearings on additional Local Laws amending the Municipal Code’s sign provisions.  The Town Board has determined that the action encompassing the adoption of these Local Laws is a Type I action under the State Environmental Quality Review Act regulations and has notified involved and interested agencies of its intent to act as the lead agency for the action.

 

 

Dated: March 21, 2018         

                                                                        Andrew J. Zarutskie

                                                                        Town Clerk, Town of Newburgh

 

TOWN OF NEWBURGH

NOTICE OF PUBLIC HEARING

ON PROPOSED LOCAL LAW

                                               

            PLEASE TAKE NOTICE that there has been introduced before the Town Board of the Town of Newburgh in the County of Orange and State of New York on November 13, 2017, a Local Law designated as Introductory Local Law No. 6 of the Year 2018 and entitled “A Local Law Amending Chapter 160 entitled “Streets and Sidewalks” of the Code of the Town of Newburgh:  Signs on Trees, Lampposts, Traffic Signal Poles and Utility Poles in Public Street Rights of Way.”

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The purposes and effects of the Local Law are to add a new Article V to Chapter 160 which prohibits, with certain exceptions for governmental and traffic safety signs, the placement of any sign, poster, sticker or advertising device upon any tree, lamppost, traffic signal pole or upon a utility pole without the express written permission of the utility company, within the right-of-way of any Town, state or county road or highway. The Local Law establishes a rebuttable presumption that any person, business or entity identified on any sign, poster, sticker or advertising device regulated by the new Code section, or the owner, agent, registrant, manager, business, entity or person in charge of any telephone number, web site, entity, business or address identified on any sign, poster, sticker or advertising device is responsible for the placement of that sign, poster, sticker or advertising.  Upon failure of the person responsible for the placement or of the owner, to remove a sign, poster, sticker or advertising devise regulated by the new Article after notice as specified in the Article has been given to remove the sign, the Superintendent of Highways or his designee is authorized to remove same from a Town street right of way.  Said signs, posters stickers or advertising devices shall be held for a period of 72 hours (provided the removal could be accomplished without destroying the sign, poster, sticker or advertising device), and if not claimed by the owner thereof within said seventy-two-hour period, the Town Superintendent of Highways is authorized to dispose of said signs. There shall be a fee of $10 per sign for any person or organization redeeming a sign seized pursuant to the terms of this section. Upon receipt of written authorization from the New York State Department of Transportation and/or the Orange County Department of Public Works, the Town Superintendent of Highways shall also be authorized to remove signs, posters, stickers or advertising devices in accordance with this section from state or county roads and highways.

                      

The Town Superintendent of Highways or his designee is also authorized to remove temporary commercial signs from a public street right of way and temporary non-commercial signs which violate the requirements of Chapter 185, “Zoning” of the Municipal Code, in accordance with the same procedures.   The Local Law also provides that a violation of the new Article is  a violation, and any person violating the same shall, upon conviction, be punished by a fine of not less than $100 nor more than $250 for each offense. Each day or part thereof such violation continues after notification by the town shall be deemed a separate offense. The town may also bring an action or proceeding to enjoin the violation and/or to recover the costs incurred by the town for remedying the conditions brought about by the violation.  The Town may also proceed to enforce and remove any illegal sign as provided for under Chapter 185, “Zoning” of the Municipal Code.

 

            PLEASE TAKE FURTHER NOTICE that pursuant to Section Twenty of the Municipal Home Rule Law, a public hearing will be held on the aforesaid proposed Local Law before the Town Board of the Town of Newburgh at the Town Hall at 1496 Route 300 in the Town of Newburgh, New York at 7:00 o'clock p.m. on April 9, 2018 at which time all interested parties will be heard.          The Town of Newburgh provides reasonable accommodations for the disabled. Disabled individuals who need assistance in order to participate should contact the Town Clerk’s office at 564-4554.  Advance notice is requested.  The public hearing will be conducted concurrently with hearings on additional Local Laws amending the Municipal Code’s sign provisions.  The Town Board has determined that the action encompassing the adoption of these Local Laws is a Type I action under the State Environmental Quality Review Act regulations and has notified involved and interested agencies of its intent to act as the lead agency for the action.

 

 

 

Dated:  March 21, 2018

                                                                        Andrew J. Zarutskie

                                                                        Town Clerk, Town of Newburgh

 

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