Statutory authority: Environmental Conservation Law Sections 43-0107 (8)&(32), 43-0115 (3), and 43-0117 (4), Navigation Law Section 44-a (not subdivided)
STREAM CORRIDOR CONTROL
TREE CUTTING RESTRICTIONS
646-7.1 Purpose and Intent
646-7.3 Signs for which Permits will not be Granted
646-7.4 Signs for which Permits are Required
646-7.5 Application for Permits
646-7.6 Size, Placement, Number and Height Limitations of Permitted Signs
646-7.7 Permitted Signs on Leased Property
646-7.8 Materials, Shapes, Lettering, Colors and Decorative Elements of Permitted Signs
646-7.9 Text on Permitted Signs
646-7.10 Illumination of Permitted Signs
646-7.11 Recognition Emblems of National Quality Organizations
646-7.12 Criteria for Action in Approving or Denying Applications
646-7.13 Structural Safety and Maintenance of Permitted Signs
646-7.14 Approval, Review and Revocation of Permits
646-7.15 General Provisions
Section 641 Purpose and 6-7. Intent. The purpose of this Part is as follows:
(a) to preserve and enhance the natural beauty of the Park;
(b) to create a restful atmosphere in keeping with the natural beauty of the lake and the surrounding Adirondack Mountains which will commend the Park to vacationers;
(c) to safeguard the general public by the elimination of advertising signs which distract the motorist and contribute to the hazards of driving;
(d) to encourage the installation of appropriate advertising signs that harmonize with the buildings, the neighborhood and other signs in the area; and
(e) to eliminate excessive, unsightly competition for visual attention through advertising signs.
Section 646-7.2 Exemptions.The following signs shall be exempt from the permit requirements of this Subpart:
(a) A sign erected or maintained within an incorporated village.
(b) A sign erected by the State, a county, a town or an agency or department thereof.
(c) The name plate of a professional person, such as an engineer, architect, doctor, dentist, lawyer, or the name plate of a practitioner of some home occupation such as teacher of music, dancing or art, seamstress, etc., or real estate broker, provided these signs contain no advertising matter, are not larger than two square feet, and give in words only the name and profession or vocation of the person.
(d) Bulletin boards not over 15 square feet in area for public, charitable and religious institutions when such bulletin boards are located on the premises of said institution.
(e) Signs advertising a principal business operated on the property where the sign is located provided all of the following conditions are met:
(1) that there are not more than two such signs;
(2) that no sign has an area of more than 48 square feet;
(3) that no sign extends more than 20 feet above ground level;
(4) that no sign is within 10 feet of the highway right-of- way; and
(5) that no sign is illuminated by or contains a flashing, intermittent, rotating, or moving light or lights.
Section 646-7.3 Signs for which Permits will not be
(a) Signs containing flashing, intermittent, rotating, or moving light or lights.
(b) Signs in excess of 48 square feet in area.
(c) Moving signs. Signs that move or contain visible parts which move.
(d) Neon signs. Signs illuminated by neon lamps.
(e) Signs containing luminous material, sequin studded letters, or lettering with fluorescent paint.
(f) "A" type signs. Portable free-standing or "A" type signs.
(g) Advertising devices. Displays that contain banners, balloons, flags, pennants, pinwheels, searchlights or other attention getting devices.
(h) Signs on rocks, trees, etc. Signs affixed to or painted upon rocks, trees, utility poles or other such structures.
(i) Parking of advertising vehicles. Vehicles parked on the street or in locations on private property which have attached thereto or suspended therefrom any advertising signs.
Section 646-7.4 Signs for Which Permits are Required.
No person shall construct, erect, own, operate or maintain a sign, advertising structure or device not otherwise exempt pursuant to the provisions of Section 646-7.2 (a) of this Subpart, which advertises the principal business conducted on the property on which the sign is located without a permit from the Commission.
Section 646-7.5 Application for Permits. Applications for sign permits shall be submitted to the Commission on such forms as the Commission may prescribe, and shall contain or have attached thereto the following information and material:
(a) The name, address and telephone number of the owner of the property.
(b) The name, address and telephone number of the applicant (owner of the sign).
(c) The name, address and telephone number of the sign contractor, if any.
(d) The principal business or principal businesses conducted on the property.
(e) The location of building, structure or lot to which, or upon which, the sign or other advertising structure is to be attached or erected, together with a statement showing the street or highway frontage of such lot.
(f) The location of sign on property in relation to distance from public right-of-way and adjoining owners.
(g) The size of sign.
(h) The height of the top of the structure of the sign above ground level.
(i) The description of sign, including text, material used, color of lettering and background.
(j) The type of illumination, if any, to be used in connection with the signs.
(k) A statement and description of all other signs located on the property.
(l) A detailed drawing or blueprint depicting the construction details of the sign and showing the lettering and/or decorative elements composing the sign; the position of lighting or other extraneous devices; a location plan showing the position of the sign on any building or land, its position in relation to nearby buildings or structures and its position in relation to any private or public street or highway.
(m) If a permit is requested for an existing sign, the date it was erected.
(n) A statement of other facts deemed material.
Section 646-7.6 Size, Placement, Number and Height
Limitations of Permitted Signs.
(a) Size and Placement. No sign shall exceed 48 square feet in area. A permit for a 48 square foot sign is granted only when the sign is placed at least 10 feet back from the highway right-of-way. The part of the sign closest to the right-of-way is the point at which the measurement is taken. In general, the size of the sign is governed by its proximity to the highway right-of-way; i.e., the closer to the road the less area required to get the message across. All signs must be placed 10 feet from the highway right-of-way unless special circumstances require that they be placed closer. Special circumstances are: alignment of highway, terrain, existing trees or other natural features, or structure located on other parcels of real property, which might block or impair the view of the sign. Before a permit for a sign is granted, its location in relation to the blocking of visual access to existing signs is also considered. In circumstances in which a permit is granted for a sign closer than 10 feet to the right-of-way the square footage of the sign is reduced to the amounts stated in the following schedule:
On edge of right-of-way - 32 square feet
1 foot from right-of way - 33 square feet
2 feet from right-or-way - 34 square feet
3 feet from right-or-way - 35 square feet
4 feet from right-or-way - 36 square feet
5 feet from right-or-way - 37 square feet
6 feet from right-or-way - 38 square feet
7 feet from right-or-way - 39 square feet
8 feet from right-or-way - 40 square feet
9 feet from right-or-way - 41 square feet
(b) Number. No more than two advertising signs are permitted on one parcel of property, except as provided in subdivision (d) of this Section. Businesses located on a parcel of property having 100 feet or less of road frontage will be granted a permit for one free- standing sign and one wall sign providing that such wall sign does not exceed 32 square feet in area. Businesses located on a parcel of property having in excess 100 feet of road frontage will be granted a permit for two free-standing signs provided that the distance between the two free-standing signs shall be at least 50 feet, or one free- standing sign and one wall sign, providing that such wall sign does not exceed 32 square feet in area. In addition to the above, a permit will be granted for an identification sign on the lakeshore providing that such sign does not exceed 15 square feet in area. Also, the Commission may grant permits for the erection of directional signs provided that the individual signs do not exceed two square feet in area, and are limited to the text "Office", "Entrance", or "Exit". Permits will be granted only if the applicant can show that the directional sign or signs are necessary because of unusual access to the commercial business establishment.
(c) Height. The top of the sign, advertising structure or device shall not exceed 20 feet above the ground level where the sign is located. This height is permitted only when special circumstances make it necessary.
(d) (1) Permits may be granted for more than two advertising signs in the event more than one business is operated on a single parcel of real property. In this event, permits may be granted for the following signs:
(i) one sign, 48 square feet in area, 10 feet back from the highway right-of-way, or one sign closer to the highway right-of-way as provided in subdivision (a) of this Section; and
(ii) one wall sign for each business operated on the parcel of real property, provided that the areas of all the signs erected under this subparagraph does not exceed 48 square feet, and further provided that the wall sign is maintained on the building in which the business advertised is located.
(2) Each business owned by an individual or corporation shall be considered a separate business, provided the individuals or stockholders are not related as spouses or parents and decedents.
(3) In the event a parcel of real property is used by one owner to operate more than one business, the number of businesses shall be determined in accordance with the following:
(i) In towns which have a town ordinance requiring the licensing of businesses, the number of businesses shall be determined by the number of businesses registered under its town ordinance.
(ii) In towns which do not have a town ordinance requiring the licensing of businesses the number of businesses shall be determined by the Lake George Park Commission based upon the following criteria.
(a) the sale of products and services which are not normally associated with one business;
(b) the location and construction of the buildings in which the businesses are located;
(c) the management and accounting systems used by the businesses; and
(d) uses which are considered accessory uses to the main business shall not be considered as a separate business.
Section 646-7.7 Permitted Signs on Leased Property. If a lessee leases the entire parcel of real property such lessee shall be entitled to permits for signs as set forth in Section 646-7.6 of this Subpart. If a lessee leases a portion of a parcel of real property, the owner and lessee are considered as one applicant in determining the issuance of permits to be granted under Section 646-7.6 of this Subpart.
Section 646-7.8 Materials, Shapes, Lettering, Colors
and Decorative Elements of Permitted Signs.
(a) Materials. Each sign shall be constructed of wood, metal or other durable material approved by the Commission.
(b) Shapes. Simple forms, such as rectangles, squares, ovals, or circles are permitted. Other forms are subject to approval by the Commission.
(c) Lettering, Colors, and Decorative Elements. These components are subject to approval by the Commission.
Section 646-7.9 Text on Permitted Signs. The text on each sign is subject to approval by the Commission and is limited to:
(a) name or assumed name of the owner of the property on which it is located;
(b) principal business or businesses conducted on the property;
(c) brief indication of products or services available; and
(d) (No) Vacancy.
Section 646-7.10 Illumination of Permitted Signs.
Only white artificial lighting shall be used to illuminate a sign. No flashing intermittent or moving light or lights, or neon lamps, shall constitute a part of or be used to illuminate a sign. No light shall be placed in such a manner that it is a hazard to the traveling public, or shall cause any objectionable glare, either direct or reflected.
Section 646-7.11 Recognition Emblems of National Quality Organizations. A recognition emblem of a national quality organization constitutes an advertising sign and is included in the computation of the area and number of signs.
Section 646-7.12 Criteria for Action in Approving
of Denying Applications. In approving, conditionally approving, or denying any application for a sign permit, the Commission shall apply all of the following criteria as the basis for its actions:
(a) whether it is necessary for the applicant's enjoyment of substantial trade and property rights;
(b) whether it is consistent with the intents and purposes as set forth in Section 646-7.1 of this Subpart;
(c) whether it constitutes a detriment to public safety and welfare;
(d) the size, shape, color and placement of the sign shall be considered to determine if the sign is compatible with and bears a harmonious relationship with the surrounding environs; and
(e) the location and design of the proposed sign shall be considered to determine if the sign will obscure from view or unduly detract from existing adjacent signs.
Section 646-7.13 Structural Safety and Maintenance
of Permitted Signs. All parts, portions, units, and materials composing the sign, together with the frame, background, supports or anchorage, therefore, shall be maintained in proper repair and state of preservation. The surface of all signs shall be kept neatly painted.
Section 646-7.14 Approval, Review and Revocation
(a) Permits for signs within the Park shall be signed by the Executive Director of the Commission.
(b) All permitted signs shall be erected and maintained in accordance with the representations contained in the application and with the provisions of the permit.
(c) All permits issued or deemed to be issued shall be subject to review and shall be revocable for cause at any time.
Section 646-7.15 General Provisions.
(a) The Commission may require the applicant to furnish any further statements or information which it deems necessary for proper consideration of an application.
(b) Permits are issued by the Commission only to indicate compliance with ECL, Article 43 and do not imply compliance with any other provision of law.
(c) Any action of the Commission by which an application for a permit hereunder is denied, is reviewable pursuant to the provisions of Article 78 of the CPLR.
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