[HISTORY: Adopted by the Town Board of the Town of Hoosick 10-12-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "On-premises and Off-premises Advertising Sign Law of the Town of Hoosick."
A. 
The Town Board has previously found and determined that there has been, in recent years, a proliferation of large, outdoor, off-premises advertising signs, commonly known as "billboards," in the Town of Hoosick, most notably on New York State Route 7. As a result of such finding, the Town Board enacted, and then extended, a moratorium on placement of such signs within the Town so the problem could be studied further and public input obtained. The studies conducted by the Town Board during the moratorium period confirm in all respects its previous finding, and indicate that the proliferation of these off-premises advertising signs has had adverse effects on the scenic beauty, open space and rural, agricultural character of the Town, as well as the health, safety and welfare of its citizens.
B. 
The Town Board now further finds and determines that in order to begin the process of alleviating such adverse effects, an outright prohibition on the future placement within the Town of new off-premises advertising signs, except for those approved and permitted by both the New York State Department of Transportation and the Town Building Inspector prior to the effective date of this chapter, is required. The Town Board has considered the option of continuing to permit the erection of such signs and enacting comprehensive regulations governing the same. Based upon the sheer number of existing such signs, and the locations and concentrations thereof, such option is rejected.
C. 
The Town Board further finds that the general interest and public welfare of the Town require that certain regulations be enacted regarding existing off-premises advertising signs in the Town.
D. 
The purpose of this chapter is to promote and protect the public health, welfare and safety of the Town of Hoosick by banning and prohibiting future off-premises advertising signs and providing regulations regarding existing such signs. It is intended 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 and provide a more enjoyable and pleasing community, both for residents and visitors. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space, and curb the deterioration of the Town's appearance and attractiveness. It is further intended to regulate the size of on-premises advertising signs.
As used in this chapter, the following terms shall have the meanings indicated:
OFF-PREMISES ADVERTISING SIGN
Any sign which advertises a product, service or organization not located, sold or offered on the premises on which the said sign is situated, and shall include, but not be limited to, those signs commonly known as and referred to as "billboards."
ON-PREMISES ADVERTISING SIGN
Any sign which advertises a product, service or organization which is located, sold or offered on the premises on which said sign is located. There shall be no more than one on-premises sign and it shall have no more than 32 square feet on each side.
On and after the effective date of this chapter, those off-premises and on-premises advertising signs which would be otherwise prohibited by this chapter, which were lawfully erected and existing prior to the effective date of this chapter, shall be allowed to remain and continue at their present locations, subject to the restrictions and limitations hereinafter provided.
A. 
Annual inspection. All existing off-premises advertising signs shall be inspected on an annual basis by the Building Inspector for safety and compliance with all applicable building codes and standards, and any standards prescribed in this chapter. Subsequent inspections of each off-premises advertising sign shall be conducted by the Building Inspector on each succeeding anniversary of the initial inspection.
B. 
Inspection fee. The owner, lessee or other entity responsible for an off-premises advertising sign within the Town of Hoosick shall pay to the Town Clerk an annual inspection fee, to be determined by the Town Board. Each subsequent annual inspection fee shall be due and payable on the first day of January of each succeeding year.
C. 
No existing off-premises advertising sign may be altered, except as may be required by this chapter, or expanded in height or surface or advertising area dimensions.
D. 
Routine maintenance, repair, and the replacement of advertising materials on such existing off-premises advertising signs shall be permitted.
E. 
No such existing off-premises advertising sign damaged or destroyed by natural or other causes to the extent of more than 50% of its assessed value adjusted by the Town equalization rate shall be replaced, repaired or rebuilt. For the purposes of this Subsection E, the value of the repair or replacement of a damaged or destroyed off-premises advertising sign shall be based upon the estimated costs of labor and materials which are usual and customary in the Town.
F. 
In the event that an existing off-premises advertising sign is not used for its intended purpose for a period of four consecutive months, it shall be dismantled and removed by the owner thereof, or other responsible person or party. For the purposes of this Subsection F, the term "intended purpose" shall include, but not be limited to, the advertising of a currently operating business or activity.
G. 
No existing off-premises advertising sign may be moved or relocated to any other place within the Town of Hoosick.
H. 
Standards for off-premises advertising signs. All existing off-premises advertising signs shall conform to the following standards:
(1) 
Each sign shall have attached thereto a nameplate stating the name and address of the person, firm or corporation which, whether as owner, lessee, agent or employee, is responsible for adherence to the general requirements of this chapter, and the New York State Department of Transportation permit number.
(2) 
All such signs, their sign finishes, supports and electrical work shall be kept clean, neatly painted, and free from all hazards, including, but not limited to, faulty wiring and loose supports, braces, guys and anchors.
(3) 
Lighting. Subject to the following limitations, existing off-premises advertising signs which include lighting may continue to do so.
(a) 
No such sign may be illuminated in any way after 12:00 midnight.
(b) 
Signs which contain, include or are illuminated by any flashing, intermittent, or moving light or lights are prohibited if such signs interfere with traffic safety.
(c) 
Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the highway or other traveled way, and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver's operation of a motor vehicle or interfere with traffic safety.
(d) 
No such sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, devise or signal.
(e) 
All internally illuminated signs shall be construed in accordance with the "Standards for Electric Signs (UL 48) of Underwriters Laboratories, Inc." and bear the seal of Underwriters Laboratories, Inc.
(f) 
Any internally illuminated sign which does not bear the Underwriters Laboratories label shall be inspected and certified by an appropriate electrical inspection person or agency, as determined by the Town. All transformers, wires and similar items shall be concealed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(g) 
For the purpose of this § 295-6H(3), the term "interfere with traffic safety" shall include, but not be limited to, interfering with a driver's ability to see or observe any potential safety hazard; or attracting or diverting the attention of a driver so as to interfere with his or her ability to see, observe or react to a potential safety hazard.
(4) 
Landscaping. Landscaping at the base of existing off-premises advertising signs shall be permitted to remain after the effective date of this chapter. The landscaping shall be designed to make the sign most compatible with its surroundings and shall consist of one or more of the following: ivies, grasses, flowers, bushes, or small trees. Any shielding required pursuant to § 295-6H(3), above, shall also be designed to make the sign most compatible with its surroundings.
I. 
Discontinuance and removal of existing off-premises advertising signs.
(1) 
In the event the Building Inspector determines, as a consequence of an annual inspection as prescribed in this chapter, or otherwise, that an existing off-premises advertising sign is dangerous and substantially defective such that it cannot be reasonably repaired in compliance with the foregoing provisions of this chapter, or is unused or abandoned for a period of four or more consecutive months, or is or has been the subject of repeated violations of the provisions of this chapter, the Building Inspector shall give written notice of such determination to the owner or other responsible party and direct that the sign be dismantled and removed within 30 days.
(2) 
In the event that the owner or other responsible person does not dismantle and remove the sign within that period, the Building Inspector may do so and assess the owner or other responsible persons for the cost thereof.
(3) 
Notwithstanding the foregoing, the Building Inspector may cause any sign which is a source of immediate peril to persons or property to be removed immediately and without notice.
A. 
The Town Board shall have the power to interpret any provision of this chapter. Any such request for interpretation shall be filed in the office of the Town Clerk at least 10 days in advance of a regular monthly meeting of the Town Board, at which meeting any parties having an interest may be heard. The Town Board shall act on the request within 30 days thereafter.
B. 
Upon submission of a written application to the Town Clerk by any party wishing to appeal any determination made by the Building Inspector, or seeking a variance from the effect of this chapter, the Town Board shall within 30 days of receipt of said application schedule a public hearing on said application upon five days' written notice in the official newspaper of the Town. At said public hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall within 60 days of the close of said public hearing render its decision, either granting or denying the appeal or the application for a variance from the strict requirements of this chapter.
Any person, firm or corporation, whether as owner, lessee, agent or employee, who in any way violates any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $500 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
The invalidity or unconstitutionality of any provision of this chapter shall not effect the validity of any other provision of this chapter which can be given effect without such invalid provision.
This chapter shall take effect immediately upon filing with the office of the Secretary of State as provided in § 27 of the Municipal Home Rule Law.