Town of Forestburgh, NY Article V General Supplemental Regulations

§ 180-14 General development standards.

In approving the site plan for a particular use, the Planning Board shall give specific consideration to the design of the following:

A. Traffic access. Proposed traffic accessways shall be:

(1) Adequate but not excessive in number.

(2) Adequate in width, grade, alignment and visibility.

(3) Not located near intersections or places of public assembly.

(4) In conformance with such other similar safety considerations as the Planning Board may deem appropriate.

B. Circulation and parking. Adequate off-street parking and loading spaces shall be provided to prevent parking in public streets of vehicles of any person connected with or visiting the use, and any interior circulation system shall be adequate to provide safe accessibility to any off-street parking.

C. Drainage. Storm runoff shall be controlled in such a manner so that no person, property, body of water, watercourse or facilities are vulnerable to damage by the discharge of stormwater or its effects. Wherever possible, runoffs shall be controlled on a land surface by use of broad, gentle swales. Erosion shall be strictly controlled by adequate draining and ground cover, and silt basins shall be constructed where necessary to control siltation and downstream water bodies. Development on steep slopes as defined herein shall be avoided to the extent practicable.

D. Landscaping and screening. All playground, parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the property shall be in character with that generally prevailing in the neighborhood. Existing trees over 12 inches in diameter measured at four feet above the ground shall be preserved to the maximum extent possible.

E. Character and appearance. The character and appearance of any proposed use and any proposed building or outdoor signs associated therewith shall be in general harmony with the character and appearance of the surrounding neighborhood and that of the Town and shall not adversely affect the general welfare and inhabitants of the Town.

F. Wildlife and open space. The site plan shall make provisions for open space and recreational facilities, as applicable. The existing drainage courses, water bodies and scenic features shall be preserved. Wildlife habitats shall be preserved and improved to the maximum extent possible. Greenbelts and pedestrian ways shall be preserved and provided wherever appropriate.

G. Business uses that adjoin residential uses shall be sufficiently buffered to mitigate the impact of emissions, fumes, lighting, noise, traffic or similar adverse impacts.

§ 180-15 Design standards for business districts.

A. Intent, purposes, and objectives.

(1) Intent. These Design Standards and Guidelines are intended to provide a basis for developers, property owners, business operators, the Planning Board, and the Zoning Board of Appeals to address various concerns related to the physical design of development in the Town's business districts. The guidelines provide design criteria and suggest development approaches that will help both the Town and applicants consider issues of site organization, architecture, landscaping, parking, site design, and pedestrian circulation.

(2) Purposes and objectives. The purposes and objectives of the Design Standards and Guidelines are to:

(a) Maintain or improve the appearance and rural character of the Town's Gateway (B-2), Four Corners (B-3), and Neighborhood (B-1) Business Districts.

(b) Encourage the highest quality of architectural and site design;

(c) Clarify and define design objectives pursuant to the Town's zoning laws;

(d) Establish a clear and consistent method for development review;

(e) Reduce delays and confusion that developers, property owners or business operators may encounter during the design phase of proposed projects; and

(f) Minimize land use conflicts.

(3) These standards shall supersede any contrary provisions contained in the Code of the Town of Forestburgh.

B. Utilization.

(1) The Design Standards and Guidelines should be addressed by applicants at the beginning of the design phase of development and will be utilized by the Planning Board during review of applications for site plan and special use permit approval.

(2) This section contains graphics and text that depict required or preferred building size, placement, massing, orientation, and setback; acceptable building materials; location and design of parking areas and building entries; lighting, landscaping design and street furniture to promote the quality of design that responds to the unique rural character of Forestburgh.

(3) In addition to meeting the requirements of this section, applicants must also satisfy the objectives of site plan review and approval as set forth in § 180-35 and § 180-34, Special use permits.

C. Organization of Design Standards and Guidelines. The Design Standards and Guidelines set forth below in Subsection D are organized and intended to be used as follows:

(1) District groupings. Because various portions of the business districts have similarities in scale, architecture, lot size and use, the Design Standards and Guidelines are based on the following groupings of zoning districts, as shown on the Zoning Map, which are used throughout this section:

(a) Group A. Includes the Neighborhood Business District (B-1) and Gateway Business District (B-2).

(b) Group B. Includes the Four Corners District (B-3).

(2) Standards and guidelines. For each element of building or site design (roof type, building placement, etc.) the Design Standards and Guidelines are divided into two categories, as follows:

(a) Required standards. These are standards which must be adhered to unless the Planning Board determines that an alternative is appropriate, as set forth in Subsection C(2)(b) below. Also included are standards which, while not required, are considered desirable in the business districts and will be encouraged by the Planning Board during project review.

(b) Alternatives subject to special conditions. In some cases, an applicant may seek permission to deviate from a required standard due to specific site conditions or functional requirements. The purpose of the special condition alternative is to provide flexibility in the Design Guidelines and to enable developers to design projects that are compatible with the Town's physical scale and rural character, although deviating from the required guidelines, by mitigating any negative visual or functional impact.

D. Design Standards and Guidelines.

(1) The Design Standards and Guidelines are set forth below for each district group and include explanatory text and illustrations, where appropriate.

(2) In addition, the Planning Board is authorized to consider and approve additional variations to the Design Standards and Guidelines, at the request of the applicant, if it determines that the proposed variations are due to specific unique circumstances of the applicant's property, are particularly innovative and of extremely high quality design, will contribute to the aesthetic character of the surrounding area and will further the purposes and objectives of the Design Standards and Guidelines.

(3) When a commercial use adjoins an existing residential use or a parcel in the RR and RC zones, the side yard and rear yard setbacks shall be double for the property line that adjoins the residential use and additional screening and buffering shall be provided.

E. Group A (Neighborhood Business District [B-1] and Gateway Business District [B-2])

(1) Building placement.

(a) Maximum building setback shall not be greater than the average setback of the nearest two buildings on either side of the subject site or the minimum setback of the district, whichever is least.

(b) Buildings shall be designed so that entrance doors and windows, rather than blank walls, garages or storage areas, face the road.

(c) The front facade of buildings shall be parallel to the adjacent road.

(d) Buildings preferably shall be in front of parking areas.

(2) Building scale.

(a) The scale and mass of buildings shall be compatible with that of adjacent and nearby buildings, particularly as viewed from adjacent roads.

(3) Maximum building height shall not exceed 30 feet.

(4) Building facade and fencing materials.

(a) Exterior materials of new construction shall be compatible with those traditionally used in rural areas and may include wood (clapboard, board and batten or shingles), natural stone (laid horizontally) or red common brick.

(b) Man-made or processed masonry materials (such as cultured stone) designed to simulate brick or stone, and cement-fiber siding designed to simulate wood, may be used upon a determination by the Planning Board that the texture, color, method of construction and architectural features (lintels, sills, etc.) of the materials are sufficiently similar to that of the natural material to be compatible.

(c) The use of concrete as a primary facade material shall only be allowed if designed to include significant architectural feature, color and texture. Facades of concrete block, plastic, plywood panels, ceramic tile, vinyl or similar materials are not permitted.

(d) Fences or walls with a maximum height of 42 inches may be located between a structure and the road, either parallel or perpendicular to the road, if constructed of either vertical wood pickets, with a separation between pickets at least equal to the width of the picket, post and rail, or natural stone.

(e) Chain-link fences, solid wood fences and vinyl fence panels are prohibited in the area between the front and/or side of any building facing a street

(5) Accessory equipment.

(a) All roof-, wall- or ground-mounted mechanical equipment, such as heating and air-conditioning units, exhaust fans, etc., shall be confined within the principal structure or within an area enclosed by a wall, fence, berm or hedge of sufficient height and density to screen the equipment year round from view from adjacent streets, properties and parking lots except for location-dependent equipment such as solar panels and satellite dishes. Applicants must demonstrate that visual impacts are mitigated to the greatest extent possible. Such equipment shall not be located on the building roof and, if not housed within the building, the preferred location is at the rear of the building.

(b) All dumpsters and similar containers shall be fully enclosed by an opaque fence and gate and screened by appropriate landscaping. No dumpster shall be located in front of a building, and the preferred location is at the rear of the building.

(6) Parking lot design.

(a) No parking area shall be located between a principal building and any public road.

[1] Alternatives subject to special conditions: Parking may be placed between the principal building and a public road, if necessary due to specific site conditions and/or functional requirements, if the parking is screened by topography or a year-round vegetative buffer of sufficient density to substantially limit the view of the parking lot.

Illustration

(b) The interior and edges of parking lots shall include landscaping of sufficient area to break up and/or screen any large mass of parking.

(c) No row of perpendicular parking spaces shall exceed 10 spaces unless a landscaped island of at least nine feet in width is provided.

(d) No parking space shall be located more than 75 feet from a large deciduous tree or conifer.

(e) Low-impact design with the use of pervious materials, rain gardens, vegetative swales and other green infrastructure is preferred.

Illustration

(7) Landscaping materials shall satisfy the following minimum requirements and shall be maintained and replaced as necessary to retain conformance with the approved landscaping plan:

(a) Large deciduous trees: two-inch caliper.

(b) Conifers: six feet high.

(c) Small flowering trees: one-inch caliper.

(d) Large shrubs: thirty-inch height.

(e) Small shrubs: eighteen-inch height.

(8) A single access to adjoining parking lots or an interconnection between adjoining parking lots is encouraged and may be required where necessary to provide safe traffic management.

(9) Buffering between uses.

(a) Where the site of a commercial use abuts an existing residential use or a residential district boundary, a year-round buffer of trees, shrubs, walls or fencing shall be provided or maintained that is sufficient to screen the activity from the abutting lot or residential district.

(b) Existing walls, fences, trees or landscaping shall not be removed from such a buffer area without prior approval of the Planning Board.

(c) The minimum standards for landscaping materials in parking lots shall apply to new plantings in buffer areas.

(10) Lighting.

(a) Light fixtures from a manufacturer of historic lighting are preferred.

(b) Energy-efficient lighting, such as LED, solar, or other equally efficient lighting fixtures, are encouraged, and shall be required for all construction. All outdoor lighting shall be fully shielded so as to direct the lighting downward below an imaginary horizontal plane passing through the lowest point on the fixtures from which light is emitted which shall not spill onto adjoining properties or public roads.

(c) Illumination levels for site lighting shall be at least a minimum of 0.2 footcandle in all public areas, but not exceed a maximum of two footcandles at the property line or 10 footcandles anywhere on the site. All proposed lighting plans for site lighting shall contain a photometric plan of the output of all proposed lights to ensure that all areas have sufficient light for public safety.

(d) Light fixtures shall be no higher from finished grade than 18 feet or the building height, whichever is less.

(e) To provide optimum color rendition, white LED 2700 K to 3000 K is preferred but no greater than 3000 K. All lighting fixtures shall be consistent with the recommendations of the International Dark Sky Association.

F. Group B (Four Corners District [B-3]).

(1) Building and parking lot placement.

(a) Groupings of small buildings are encouraged and, where more than one building is proposed, the smaller building(s) shall be located nearest the street and the larger building toward the rear of the lot. (See "Building scale" below for area requirements.)

(b) Buildings shall be located so that small parking lots are created between and adjacent to individual buildings rather than one large, unbroken parking lot.

(c) The parking lot shall be planted with a mix of evergreen and/or deciduous trees, as necessary, to supplement existing vegetation to create a buffer. Existing vegetation may be required to be replaced and/or supplemented to achieve the intended purpose of the buffer, which is to substantially limit the view of the parking lot. Plantings should be in an irregular, random pattern to create a natural appearing buffer area. Existing trees, walls, fences or landscaping shall not be removed from the buffer/setback area without prior approval of the Planning Board. Provision of sidewalks, bikeways and footpaths in this buffer area will be encouraged. All such sidewalks, bikeways, and footpaths, as well as any vegetation that the applicant wishes to plant in a right-of-way, must receive approvals that are required by any regulatory agency and comply with all applicable regulations.

(d) Where vegetated buffers are required to "substantially limit" views of parking lots, it is not intended that such elements be completely screened from view. It is intended that such buffer provide foreground that is sufficiently dense to filter views through it so as to visually soften and break up the mass of the parking lots.

Illustration

(2) Building scale.

(a) The maximum footprint of a single freestanding building shall be 5,000 square feet, and the maximum gross floor area shall be 10,000 square feet.

(b) If more than one building is located on the site, the maximum footprint of any building shall be 4,000 square feet and the maximum gross floor area of any building shall be 8,000 square feet.

(c) In order to minimize the apparent scale of buildings, facades should be broken by periodic setbacks, and rooflines should include offsets and changes in pitch; other design features, such as porches or cupolas, which are compatible with the style of the building may also be used.

(3) Maximum building height shall not exceed 30 feet.

Alternatives subject to special conditions. The maximum footprint of a single freestanding building may be increased to 7,500 square feet and gross floor area to 15,000 square feet if the apparent scale of the building is reduced by a substantially increased setback, or more dense screening is provided or a combination thereof.

(4) Building facade materials.

(a) Same as for Group A.

(5) Accessory equipment.

(a) Same as Group A.

(6) Parking lot design.

(a) Same as Group A.

(7) Buffer between uses.

(a) Same as Group A.

(8) Lighting.

(a) Same as Group A.

§ 180-16 Off-street parking.

A. The following shall be the minimum off-street parking requirements:

Use	Parking Spaces Required
Dwelling	2 per dwelling unit
Hotel or motel	1 per guest room
School	1 for each 12 classroom seats
Physician or dentist office or clinic	3 for each doctor or dentist plus 1 for each employee
Retail or service store	1 per 100 square feet of floor area
Office	1 per 150 square feet of floor area
Eating and drinking	1 for each 5 patrons, plus 1 for place each employee

B. For uses not specifically listed, the Planning Board shall determine the requirement.

C. Parking space standards.

(1) For the purposes of computing the number of parking spaces available in a given area, a ratio of 300 square feet of floor area per parking space shall be used.

(2) All open parking areas shall be properly drained, and all parking areas providing more than 10 spaces shall be provided with a dustless surface.

(3) Required off-street parking spaces may be provided on the same lot as the main use or within 500 feet walking distance.

D. Reduction of parking spaces. Should the applicant provide evidence that the number of parking spaces required by this section is not necessarily required to meet the immediate needs of the proposed use, the number of spaces provided may be reduced as a special use by up to 50%, provided sufficient and suitable area is dedicated to future parking to meet the normal standards in this section and the applicant shall agree in writing to install the parking at the direction of the Planning Board. All reserve parking areas shall be included in the calculation of lot coverage area.

§ 180-17 Landscaping standards.

A. The landscape plan shall indicate how existing vegetation will be preserved to the maximum extent possible and how building materials, colors, and textures will be blended with the natural and man-made landscape to enhance rather than detract from the aesthetic character of the area. Specific locations, varieties and size for all existing and proposed plantings shall be provided as part of the plan. Grading plans showing any slopes, berms, landforms, drains, and stormwater management facilities shall also be provided, if applicable.

B. Landscape plans should be prepared by a licensed landscape architect or other design professional qualified to perform such services and shall include consideration of all man-made and natural features having a bearing on the landscape; in particular, the view from the public highways or adjoining properties, including signs and all principal and accessory structures.

C. The Planning Board, in reviewing the landscape plan, may employ the assistance of design professionals and shall consider the following for approving with or without modifications or disapproving the site plan or special use permit:

(1) The plan should use landscaping to promote attractive development and preserve and enhance the appearance and character of the surrounding area.

(2) The plan should use landscaping to delineate or define vehicular ways, pedestrian pathways and open spaces.

(3) The plan should integrate open space as part of the overall site design, and preserve mature trees, hedgerows, wetlands and woodlots to the maximum extent possible.

(4) The plan should use landscaping to create boundaries and transitions between areas of differing development intensities, as well as to separate areas of incompatible land uses.

D. The following guidelines and landscaping standards shall apply to any site where new development is proposed, or existing buildings undergo significant upgrades or renovations:

(1) Landscaped areas may include a combination of trees, shrubs, flowering plants, ground cover and manicured lawns. Simple designs requiring less maintenance are generally preferred, as landscaping that is not regularly maintained can look unkempt and become an eyesore.

(2) There shall be landscaped areas at the entrances to all residential developments and commercial buildings, and around permanent freestanding signage. Applicants are also encouraged to incorporate landscaping around buildings that are visible from public roads, especially along portions of buildings without ground floor display windows, such as side and rear elevations.

(3) There shall be landscape buffers to create an attractive natural barrier between properties. In such cases, the landscaping should appear as a single, cohesive buffer. Where appropriate topography and soil types exist, buffer areas are encouraged to be designed as landscaped bioswales or rain gardens.

(4) There shall be internal and peripheral landscaping plantings in parking lots to delineate driving lanes, provide shade, improve community aesthetics and reduce stormwater runoff.

(5) Low-impact design with the use of pervious materials, rain gardens, vegetative swales and other green infrastructure is preferred.

(6) All plant material shall conform with the "American Standard for Nursery Stock" of the American Association of Nurserymen, latest edition. Plant material shall be healthy specimens, suitable for local climate conditions, and shall be installed consistent with sound horticultural practices. Selected plants should be from the Zone 5b plant hardiness zone, deer-resistant, and able to withstand poor and compacted soil conditions.

(7) The use of native species is highly encouraged, and the use of invasive species as defined by 6 NYCRR Part 575, Prohibited and Regulated Invasive Species, shall be prohibited.

(8) The location of overhead and underground utilities should be taken into consideration to maintain the health of trees and other landscaping by not compromising their root system or making them unstable through overpruning.

(9) The minimum plant size shall be specified in the landscape plan and approved by the Planning Board. It is recommended that all landscaping material, except trees, be of a sufficient size at the time of planting to reach maturity within three years.

(10) The Planning Board shall require a security bond or an escrow in an amount and for a duration to be determined. To the extent possible all landscaping required by this chapter shall be installed prior to occupancy or commencement of use.

(11) Any landscaping installed in accordance with this section shall be maintained. Dead or damaged landscaping shall be replaced within a reasonable time frame as determined by the Planning Board.

§ 180-18 Signs.

A. Purpose.

(1) It is the purpose of this section to establish standards for signs to help preserve, and where necessary, improve the appearance of the Town; and to promote public safety by regulating the location, quality, construction and maintenance of signs.

(2) It is further the intent of this section to regulate signs in the context of the built and natural environment in which they exist. Signs are an economical and effective way to communicate information and an asset to most businesses. Property values, therefore, are protected and enhanced when signs are designed with these principles in mind. It is for this reason that these sign regulations afford flexibility and provide incentives for thoughtful design and quality construction.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ABANDONED SIGN

A sign for which the primary and/or principal land use, advertised business, service, owner, product, or activity ceases to operate after a period of 30 days; or a sign that is in a state of substantial disrepair so as to be illegible or materially deteriorated in the judgment of the Building Department.

NONCONFORMING SIGN

Signs that are not in accord with this Code will be considered nonconforming.

NONPERMANENT SIGNS

Including:

(1) TEMPORARY SIGNS A sign that is located on private property that can be displayed for no more than 30 consecutive days, two times per calendar year.

(2) LIMITED-DURATION SIGN A sign that is displayed on private property for more than 30 days, but not for more than 90 days.

OFF-PREMISES (OFF-SITE) SIGN

Commercial signs that are placed on any property that is not integral to the activity to which it refers.

ON-PREMISES (ON-SITE) SIGN

Signs that are located on the same premises on which the activity to which it refers is conducted and/or a sign which directs attention to a business, commodity, service or entertainment or attraction sold, offered or existing on the same lot where such sign is displayed. An on-site sign may also display a noncommercial message.

PERSONAL EXPRESSION SIGN

A sign that expresses an opinion, interest or position or other noncommercial message.

SIGN

Any letter, word, model, banner, pennant, insignia, device or representation used as or which is in the nature of an advertisement, attraction or directive, or communication of information of any kind to the public when located outside of buildings or displayed in the windows of a building.

SIGN AREA

Includes all faces of a sign measured as follows:

(1) When a sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.

(2) When a sign consists of only letters, designs or figures engraved, painted or projected or in any manner affixed on a wall, the total area of the sign shall be deemed the area within which all of the matter of which the sign consists is inscribed.

(3) For double-sided signs, only one side shall be considered when determining the sign area.

SIGN HEIGHT

The height of the topmost portion of the sign as measured from the surface of the ground.

SIGN TYPES

Defined as follows:

(1) ADDRESS SIGN A sign stating address, number and/or name of occupants of the premises and does not include any commercial advertising or other identification. Also known as a "nameplate."

(2) ADVERTISING FLAG A sign made from lightweight, durable material containing an advertising or commercial message attached on one side to a pole or a building.

(3) AWNING/CANOPY SIGN A sign extending from a building, typically but not necessarily above a door, which may also serve as a shelter.

(4) BALLOON SIGN A gas-filled balloon, often lighter than air, tethered in a fixed location, which contains an advertisement message on its surface or attached to the balloon in any other manner.

(5) BANNER A sign made of any cloth, bunting, plastic, paper, or similar nonrigid material attached to any structure, staff, pole, rope or wire, or framing.

(6) BILLBOARD A permanent freestanding off-premises sign which directs attention to an object, product, service, place, activity, person, institution, organization or business that is offered at a location other than the lot upon which the sign is located.

(7) DIRECTIONAL SIGN Signs designed to provide direction to pedestrian and vehicular traffic into and out of, or within, a site.

(8) ELECTRONIC MESSAGE SIGN A sign capable of displaying words, symbols, figures or images that can be electronically changed by remote or automatic means. There are many forms, including traditional incandescent lighting, light- emitting diodes (LEDs), liquid crystal displays (LCDs) or a flipper matrix.

(9) FLAGS Sign, with or without lettering or symbols, printed or painted on cloth, plastic, canvas, or other light pliable material with distinctive colors, patterns, text or symbols, and mounted to a pole.

(10) FLUTTER FLAG A flexible or rigid pole to which one side of a flexible fabric, generally in the shape of a feather or similar shape, is attached, and which is used for the primary purpose of advertising or attention-getting by the public display of visually communicative images. Such banners are also known and sold under names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," "teardrop banners," and others.

(11) ILLUMINATED SIGNS Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light. Such signs include backlit, channel letters [with light-emitting diode (LED) or not lit], commercial electronic variable message signs (CEVMS), interior or exterior illumination or neon.

(a) DIRECT LIGHTING Light provided either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign. Also referred to as internal lighting.

(b) INDIRECT LIGHTING Light provided from a source that is separate from the sign face or cabinet and is directed so as to shine on the sign.

(c) MESSAGE CENTER SIGN A nonflashing sign that uses changing lights to form a sign message or messages using alpha-numeric symbols and wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. A common example is a gas price display sign.

(12) INCIDENTAL SIGN A sign that displays general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property from a public street. These signs do not contain any commercial advertising, but may include business' hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information.

(13) INFLATABLE SIGN A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or on a structure or tethered, and equipped with a portable blower motor that provides a constant flow of air into the device.

(14) MARQUEE Most commonly a structure placed over the entrance to a hotel or theatre stating the name of the establishment and information on events at the venue. It is often identifiable by a surrounding cache of light bulbs. May also be constructed to be portable.

(15) MONUMENT OR GROUND SIGN A freestanding sign that is not attached to a building, having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick, often lower in height than many signs.

(16) PARAPET SIGN A sign mounted on a building's parapet, which is a wall or railing that runs along the edge of the roof.

(17) POLE SIGN A rigid sign supported by a pole or poles, structurally independent of any building.

(18) PORTABLE SIGN A sign not permanently attached to the ground or a structure, designed to be transported, including signs on wheels, "A" or "T" frames or any other movable device or vehicle. "Portable sign" includes sidewalk signs and may have a frame allowing messaging to be changed out by hand or have a chalkboard or whiteboard surface.

(19) PROJECTING SIGN A sign mounted on a building, extending out from the structural wall surface but generally extending at a perpendicular angle.

(20) PYLON SIGN A tall sign, similar to the shorter monument sign, in which the support structure is enclosed.

(21) READER BOARD A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.

(22) ROOF SIGN A sign mounted on a building's roof.

(23) SIGN BAND A sign band runs above the occupants' exterior entrances and accommodates various signage for each tenant. A sign band is often used in buildings in which there are multiple tenants, such as a shopping center.

(24) TRAFFIC SIGN An official sign placed along a highway by a local, county or state government for the purposes of public traffic control.

(25) VEHICLE SIGN Advertising for products or services that is painted onto a vehicle or attached by decal or magnet.

(26) WALL (OR FASCIA) SIGN A sign painted on or attached to the exterior wall or fascia of a building.

(27) WINDOW SIGN May be either attached or applied to the window.

C. Signs exempt from permit requirements. The following signs shall be allowed without a sign permit and shall not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations of this section, if any:

(1) Official traffic signs.

(2) Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside, and are located greater than three feet from the window.

(3) Holiday and seasonal decorations that are noncommercial in nature.

(4) Personal expression signs of any sign type, provided they do not exceed six square feet in area per side, are noncommercial in nature, well maintained and not illuminated.

(5) Address signs, which shall conform with the Code of the Town of Forestburgh § 72-6, Size and display of numbers.

(6) Public signs that are erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification or directional signs for public facilities.

(7) Signs or emblems of a religious, civic, public service, philanthropic, historical or educational organization that do not exceed 40 square feet in area.

(8) Private drive signs; one per driveway entrance, not to exceed two square feet in area.

(9) Incidental signs.

(10) Nonpermanent signs in compliance with regulations at Subsection J.

(11) Flags used as a symbol of a government or political subdivision, or as a personal expression sign or indicating a business is open.

(a) Location. Flags and flagpoles shall not be located within any right-of-way.

(b) Height. Flags shall have a maximum height of 20 feet.

(c) Number. No more than two flags per lot.

(d) Size. Maximum flag size is 24 square feet for properties containing a residential use, 35 square feet for properties containing a business or commercial use.

(12) Security or warning signs.

(a) Residential districts: one sign not to exceed two square feet in area.

(b) Nonresidential districts: maximum of one large sign per property, not to exceed five square feet in area. All other posted security and warning signs may not exceed two square feet in area.

(c) "No trespassing" and "posted" signs shall be pursuant to Environmental Conservation Law § 11-2111.

(13) Legal notices.

(14) Memorial signs, public monument or historical identification sign erected by the Town, including plaque signs up to three square feet in area.

(15) Signs which are a permanent architectural feature of a building or structure, existing at the time of adoption of this section.

(16) Signs advertising the variety of crop growing in a field. Such signs shall be removed after the growing season.

(17) Directional signs, provided they do not contain commercial messaging and are not illuminated.

(18) Window signs that do not obstruct more than 40% of the window area and do not substantially obscure visibility into the interior of the premises.

D. Application.

(1) The Town Code Enforcement Officer or his or her designee shall administer these regulations.

(2) An application for a permit to install or relocate a sign shall be made on a form obtained from the Town Clerk, together with such fees as required by the Town Board. Every application shall include elevation and plan drawings to scale with a graphic presentation of the placement and appearance of the proposed sign. This presentation shall depict the location of the sign in relation to buildings and property features, materials of construction for each element of the sign, any method of illumination, the graphic design (including symbols, letters, materials and colors) and the visual message, text copy or content. Written consent of the property owner shall also be provided.

(3) Applications to install or relocate a sign shall be reviewed and approved by either the Code Enforcement Officer or the Planning Board as part site plan review. The Code Enforcement Officer may approve, deny or refer the application to the Planning Board. Permits are issued by the Building Department.

E. Fees. A schedule of permit fees is available from the Town Clerk.

F. Design criteria.

(1) Signs subject to review shall be approved or disapproved based on the appropriateness and compatibility of their design, shape, materials, colors, illumination, legibility, location and size. Approval shall require consistency with the design criteria listed in this section. The Planning Board or Code Enforcement Officer may also require modification in sign features to meet the criteria provided below.

(2) In reviewing sign applications, it shall be determined that the sign will meet the following criteria:

(a) Signs should be a subordinate part of the streetscape.

(b) Signs in a particular area or district should create a unifying element and exhibit visual continuity.

(c) Whenever feasible, multiple signs should be combined into one to avoid clutter.

(d) Monument or ground signs are preferred to pole signs. The total height of a pole sign shall not exceed 20 feet.

(e) A sign's design should be consistent with the architectural character of the building near or on which it is placed and not cover any architectural features on the building, and it should be sized and located in proportion to the building.

(f) Vivid colors and materials may be used but shall not dominate a building or site.

(g) The sign should be located so as to not interfere in any way with the clear views required for public safety by motorists or pedestrians. The sign must not present an overhead danger or obstacle to persons below.

(h) The size of the sign should be the minimum which will achieve ready visibility without becoming an unnecessary distraction from the highway view or detriment to the highway scenery. Letters of the sign should be sized for legibility with respect to the posted speed limit.

(i) The sign should not block the view of any other signs.

(j) The sign should be of good construction quality that is easy to maintain in safe condition and good appearance. The supporting structure should be designed to provide for wind resistance such that the sign is safe and will not deteriorate or collapse after an extended period outdoors.

(k) Sign materials and design should be compatible with the surrounding natural landscape.

(l) The use of photographs in signs is discouraged.

(m) The sign should not substantially interfere with the views to and from other enterprises or residences. Window signs should not obscure visibility into the interior of the premises.

(n) Freestanding signs shall generally require landscaping around the base of the sign. The size of the landscape area shall be approved as part of the sign permit. Landscape plans shall be submitted for signs of 32 square feet or more in size and shall include the size, species, location and spacing of plant materials, method of separating the planter from the adjacent area, and the irrigation plan for maintaining the landscape materials. Where the proposed sign is to be constructed in conjunction with a new building project; however, landscaping shall be designed as part of the overall site plan for the activity, and all authority for site plan approval shall rest with the Planning Board.

G. General regulations. The following regulations shall pertain to all signs:

(1) Abandoned signs shall be removed at the expense of the sign owner or property owner no later than 30 days after the activity or business that was advertised by the sign ceases to operate unless a waiver has been granted by the Building Department.

(2) Signs shall not be permitted on the roof or above the roofline of the building to which they are attached.

(3) No part of any sign shall extend above the top or beyond the ends of the wall surface on which it is located, except for projecting signs.

(4) No sign, visible from the pubic street, except a sign erected by a local, state or federal agency, shall use the words "stop," "danger" or any other word, phrase, symbol or character which could be interpreted by a motorist as being a public safety warning or traffic sign.

(5) No light shall be permitted that by reason of intensity, color, location, movement or direction of its beam may interfere with public safety, and must be shielded so as not to interfere with a driver's vision.

(6) No sign shall be attached to any tree, utility pole or other object not intended for such use.

(7) One-time placement of portable signs for special events shall be allowed pursuant to the nonpermanent sign provisions hereof.

(8) No sign shall exceed in height 1/2 of its distance from the highway right-of-way, notwithstanding any other height limitation which may also be applicable.

H. The following types of signs or artificial lighting are prohibited:

(1) Reader boards, commercial electronic variable message signs and flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.

(2) Signs which compete for attention with or may be mistaken for a traffic sign.

(3) The outlining by direct illumination of all or any part of a building such as a roof, gable, wall, side or corner.

(4) Off-premises (off-site) signs.

(5) Vehicular signs on parked vehicles used primarily for advertising and not for transportation. The prohibition does not include the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes.

(6) Inflatable signs, flutter flags and balloon signs.

I. Other sign requirements.

(1) Signs to provide for the normal and safe flow of traffic into and out of the place of business such as entrance, exit and parking signs shall be permitted in excess of the limitations provided herein. Such signs shall not be of a size greater than necessary for persons of normal visual acuity to observe.

J. Nonpermanent signs.

(1) The following requirements shall apply to both commercial and noncommercial signs.

(2) Size and number.

(a) Freestanding, window or wall signs are permitted (except as prohibited elsewhere in this Code).

(b) Large nonpermanent signs. Only one large nonpermanent sign per parcel, with a maximum area of 32 square feet and maximum height of eight feet each, is permitted in business districts.

(c) Small nonpermanent signs. Five small nonpermanent signs per parcel, with a maximum area of six square feet and maximum height of four feet, are permitted per parcel in all districts.

(3) Duration and removal.

(a) Nonpermanent signs must be removed at the end of the event for which the sign was advertising.

(b) The Town of Forestburgh or the property owner may confiscate signs installed in violation of this section.

(4) Permission. The party posting the nonpermanent sign is solely responsible for obtaining the permission of the property owner before posting their nonpermanent sign.

(5) Installation and maintenance.

(a) Nonpermanent signs are exempt from the standard permit requirements but the date the nonpermanent sign is erected must be written in indelible ink on the lower right-hand corner of the sign.

(b) No signs are allowed within the road right-of-way.

(c) All nonpermanent signs must be installed such that they do not create a safety hazard.

(d) All nonpermanent signs must be made of durable materials and shall be well maintained.

(e) Nonpermanent signs that are frayed, torn, broken or that are no longer legible will be deemed unmaintained and required to be removed immediately.

(f) Illumination of any nonpermanent sign is prohibited.

K. Illumination.

(1) Where permitted, signs shall be illuminated only by a steady, stationary shielded light source directed solely at the sign, without causing glare for motorists, pedestrians or neighboring premises, and minimizing light trespass and skyglow. The illumination shall not make the sign resemble traffic signals. Where practicable, fixtures should follow International Dark Sky Association guidelines or have an International Dark Sky Association approved fixture.

L. Nonconforming signs. Existing nonconforming signs may be repaired, but shall not be replaced, relocated or increased in size. Such signs shall be removed within a period of five years of the enactment of this section. The property owner or sign owner is presumed to have had sufficient opportunity during such time period to amortize the value of any investment in the sign. However, any nonconforming sign connected with a change of use, abandoned for sign purposes as defined in this Code, damaged to the extent of 25% or more of the replacement cost value, or illegally established shall be immediately removed. In the event such a sign is not removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the Code Enforcement Officer may institute appropriate civil or criminal actions to prevent the violation or abate the nuisance.

M. Sign maintenance.

(1) No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsafe, unsightly, illegible or in disrepair so as to endanger the public or to become a public nuisance as shall be determined by the Code Enforcement Officer. Also, any sign referencing a location, business operation, service or product which no longer exists or continues to offer service to the public shall be considered abandoned, and shall be removed within 30 days of such discontinuance, unless a waiver shall be granted by the Building Department.

(2) In the event such a sign is not repaired or properly restored or removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the Town may institute appropriate civil or criminal actions to remedy the violation or abate the nuisance.

N. Sign variance. No variance with respect to a sign shall be granted by the Zoning Board of Appeals without first obtaining the recommendation of the Building Department. However, if no recommendation is received from the Department within a reasonable amount of time of its receipt of a copy of the variance application, the Board may act without such recommendation.

O. Enforcement and remedies. The provisions of this section shall be administered and enforced by the officers and employees of the Building Department.

P. Repeal of previous standards. All previously adopted sign standards within the Code are hereby repealed.