This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this the Town of Vestal, Broome County New York. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law.

(L.L. No. 2 of 2023, § 1)

In this article:

Assembly area shall mean an area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty (50) or more persons.

Building permit shall mean a building permit, construction permit, demolition permit or other permit which authorizes the performance of work. Such permit shall include a new, renewed, amended or extended permit pursuant to this chapter.

Building system shall mean devices, equipment, wires, piping and any associated valves, gauges, or other materials which are components that when installed together create an arrangement which purpose is to serve a building, structure or persons.

Certificate of occupancy or certificate of compliance shall mean a certificate of substantial compliance issued pursuant to this chapter.

Code enforcement officer shall mean the code enforcement officer, building and code inspector, municipal fire code inspector, or other officer designated, hired or appointed pursuant to this chapter.

Code enforcement personnel shall include code enforcement officers and all other inspectors designated, hired or appointed pursuant to this chapter.

Codes shall mean the New York State Uniform Code and Energy Code, and all local codes.

Compliance order shall mean an order issued by a code enforcement officer pursuant to this chapter.

Department head shall mean the person designated by the town board to oversee the daily operation and attendance to duty of the Building and Code Department.

Energy code shall mean the New York State Energy Conservation Construction Code, as currently in effect and as hereafter amended.

Enforcement official means code enforcement officer.

FCNYS shall mean the currently adopted Fire Code of New York State.

Fire safety and property maintenance inspection shall mean an inspection performed to determine compliance with the provisions of 19 NYCRR Part 1225 and Part 1226, and the publications incorporated therein by reference.

Inspector shall mean code enforcement officer or other person authorized by the code enforcement officer for a specific inspection of some element of a project.

Mobile food preparation vehicle shall mean a vehicle(s) which contain cooking equipment that produces smoke and/or grease-laden vapors for the purpose of preparing and serving food to the general public.

Operating or operation permit shall mean a permit issued pursuant to section 5-30. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of section 5-30.

Permit holder shall mean the person to whom a building permit or operating permit has been issued, or his or her agent.

Person shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.

PMCNYS shall mean the currently adopted Property Maintenance Code of New York State.

RCNYS shall mean the currently adopted Residential Code of New York State.

Repair shall mean the reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance, or to correct damage caused by other than neglect or lack of proper maintenance.

Stop work order shall mean an order issued pursuant to this chapter.

Sugar house shall mean a building used, in whole or part, for the collection, storage, and processing of maple sap into maple syrup or other maple products.

Temporary certificate shall mean a certificate issued pursuant to this chapter.

Town shall mean the Town of Vestal, New York.

Town Board or Board shall mean the duty elected supervisor and town councilpersons of the Town of Vestal.

Town official shall mean the town supervisor, town councilperson, town attorney, town engineer, town assessor, town highway superintendent, town police officer or other department head as designated by the town board.

Uniform Code shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended

(L.L. No. 2 of 2023, § 1)

(a)

Creation. The office of code enforcement officer is hereby created.

(1)

The code enforcement officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter.

(2)

The code enforcement officer shall have the following powers and duties:

a.

To request, require, receive, review, and approve or disapprove applications for building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits, and the plans, specifications, construction documents and other information submitted with or requested for such applications;

b.

Upon acceptance of such applications, to issue building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits such terms and conditions as the code enforcement officer may determine to be appropriate;

c.

To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy/certificates of compliance, temporary certificates and operating permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter and to include any town official or necessary town personnel to accompany the code enforcement officer during the inspection;

d.

To issue stop work orders;

e.

To review and investigate complaints;

f.

To issue orders pursuant to this chapter;

g.

To maintain required records;

h.

To collect fees as set by the town board;

i.

To pursue administrative enforcement actions and proceedings;

j.

To pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or other applicable local laws; and

k.

To exercise all other powers and fulfill all other duties conferred upon the code enforcement officer by the town board.

(b)

Designation by the town board. The code enforcement officer shall be designated by the town board.

(c)

Knowledge and training.

(1)

The code enforcement officer shall possess appropriate qualities and knowledge as described in the specific duty descriptions of the position as approved by the town board and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the state shall require for code enforcement personnel, and the code enforcement officer shall obtain certification from the New York State-Department of State pursuant to the executive law and the regulations promulgated thereunder.

(2)

One (1) or more inspectors may be designated by the town board to act, under the supervision and direction of the department head of the building and code department, as code enforcement personnel to assist in the exercise of the powers and fulfillment of the duties conferred upon the code enforcement officer by this chapter.

(3)

Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the state shall require for code enforcement personnel, and each inspector shall obtain certification from the New York StateDepartment of State pursuant to the executive law and the regulations promulgated there under.

(4)

All code enforcement personnel shall continue to increase their knowledge of all codes, rules and regulations in order to provide the best possible service to the town and the residents thereof.

(L.L. No. 2 of 2023, § 1)

(a)

Building permits required.

(1)

Except as otherwise provided in section 5-24, a building permit shall be required for any and all work which must conform to the Uniform Code and/or Energy Code as adopted by the town board, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, installation or demolition of any building or structure or any portion thereof, interior or exterior and shall also be required for the installation of a solid fuel burning, fuel or fuel gas burning heating appliance, any chimney or flue and any swimming pool, hot tub or spa.

(2)

No person shall commence any work for which a building permit is required without first having obtained a building permit from the code enforcement officer, or their designee.

(b)

Exemptions.

(1)

Unless specifically required by the code enforcement officer, no building permit shall be required for work as follows:

a.

Construction or installation of one (1) story detached structures associated only with one-or two- family dwellings or multiple single-family dwellings (townhouses) which are used for accessory tool sheds, storage sheds, playhouses or similar uses, provided there are no connections for electrical, plumbing, fueled equipment or other systems and the gross floor area does not exceed one hundred one (101) square feet in area, with no dimension exceeding twenty (20) feet.

b.

Installation of swings and other playground equipment;

c.

Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than twenty-four (24) inches and are installed outside of buildings;

d.

Installation of fences which are not higher than eight (8) feet six (6) inches from adjacent grade or which are not partofan enclosure surrounding a swimming pool;

e.

Construction of retaining walls less than four (4) feet in height, unless such walls support a surcharge or impound class I, IE or IIIA liquids;

f.

Construction of temporary motion picture, television and theater stage sets and scenery;

g.

Installation of window awnings supported by an exterior wall of a one-or two-family dwelling or multiple single-family dwellings (townhouses);

h.

Installation of movable interior partitions or cases less than five (5) feet nine (9) inches in height;

i.

Painting, wallpapering, tiling, carpeting, or other similar finish work when not a part of construction included in a current, valid issued building permit;

j.

Installation of portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

k.

Repairs using like or similar materials, provided that such repairs do not involve:

1.

The removal or cutting away of a loadbearing wall, partition, roof member or portion thereof, or of any structural beam or load bearing component;

2.

The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress, including, but not limited to; doors, signage, corridors, hallways, vestibules or stairs;

3.

The enlargement, extension, alteration, replacement or relocation of any building system; or

4.

The removal from service of all or part of a fire protection system for any period of time.

l.

Tents or portable shelters used for recreational camping, residential dining activities or similar non-public residential events.

m.

Other tents or portable shelters, with or without sides, less than two hundred one (201) square feet.

(c)

Exemption not deemed authorization to perform non-compliant work.

(1)

The exemption from the requirement to obtain a building permit for work in any category as set' forth in this chapter, shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

(2)

All work shall be performed in compliance with the required Codes.

(d)

Applications for building permits.

(1)

Applications for a building permit shall be made in writing on forms provided by or otherwise acceptable to the code enforcement officer.

(2)

The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner.

(3)

The application shall include such information as the code enforcement officer deems necessary and sufficient to permit determinations by the code enforcement officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code and other applicable codes, rules and regulations.

(4)

The application shall include or be accompanied by the following information and documentation:

a.

A description of the location, nature, extent, and scope of the proposed work with adequate details to clearly define the project;

b.

The tax map number and the street address of the premises where the work is to be performed;

c.

The occupancy classification of any affected building or structure;

d.

Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

e.

At least two (2) sets of construction documents (drawings and/or specifications) which:

1.

Define the scope of the proposed work;

2.

Are prepared by a state-registered architect or licensed professional engineer where so required by the New York State Education Law, Article 145 and Article 147;

3.

Indicate with sufficient clarity and detail the nature and extent of the work proposed;

4.

Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and all planning board, zoning board, or town board approvals;

5.

Indicate the location, construction, size, and character of all portions of the means of egress;

6.

Show a representation of the building envelope;

7.

Show structural information including but not limited to braced wall designs; the size, section, and relative locations of structural members; design loads; and other pertinent structural information;

8.

Show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building;

9.

Provide a written statement indicating compliance with the Energy Code;

10.

Provide a site plan, drawn to scale and drawn in accordance with an accurate survey, indicating the size and location of the new construction and all existing structures and appurtenances on the site; distances from lot lines; the established street grades and the proposed finished grades; the location of any existing and proposed well and septic systems; and, as applicable, flood hazard areas, floodways, and design flood elevations;

11.

Provide any other additional information or documentation that the authority having jurisdiction may deem necessary to allow the authority having jurisdiction to determine that the proposed work conforms to the New York State Uniform Code and Energy Code, and all local codes.

(e)

Construction documents.

(1)

Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in subsection 5-24(d).

(2)

Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the code enforcement officer in writing or by stamp.

(3)

One (1) set of the accepted construction documents shall be retained by the code enforcement officer, and one (1) set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel.

(4)

The return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued.

(5)

Work shall not be commenced until and unless a building permit is issued.

(f)

Issuance of building permits.

(1)

An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with applicable requirements including those of the Uniform Code and Energy Code.

(2)

The code enforcement officer shall issue a building permit if the proposed work is in compliance with the requirements of the Uniform Code and Energy Code and other applicable codes, rules and regulations. The issuance of a building permit is not a warranty or guaranty that the proposed work is being performed or was performed in a workmanlike manner.

(g)

Building permits to be displayed.

(1)

Building permits shall be visibly displayed and readable at the work site and shall remain visible until the authorized work has been completed.

(2)

A copy of the plans, accepted by the building department, shall be kept on site for review by the code enforcement officer.

(3)

A fee, as established by the town board, shall be levied if the building permit and or the accepted plans or drawings are not properly available at the work site. One (1) exemption may be given by the code enforcement office, if circumstances warrant.

(4)

The exemption shall be given in writing.

(h)

Work to be in accordance with construction documents.

(1)

All work shall be performed in accordance with all applicable codes and the construction documents which were submitted with and accepted as part of the application for the building permit.

(2)

The permit holder shall immediately notify the code enforcement officer of any change occurring during the course of the work.

(3)

The building permit shall contain such a directive notice.

(4)

If the code enforcement officer determines that such change warrants a new or amended building permit, such change of work shall not be made until and unless approvals are given by the code enforcement officer. These approvals should be issued as the building and code department protocol requires.

(i)

Time limits.

(1)

Building permits shall become invalid unless the authorized work is commenced within six (6) months following the date of issuance.

(2)

Building permits shall expire twelve (12) months after the date of issuance.

(3)

A building permit which has become invalid or which has expired may be renewed upon application by the permit holder, payment of any applicable fee, and approval of the application by the code enforcement officer.

(4)

Denial of a renewal request may occur after twenty-four (24) months from original permit issuance, if changes in codes, rules or regulations occur that require substantially different means, methods or requirements to be adhered to for construction, zoning or other building or property restriction.

(j)

Revocation or suspension of building permits.

(1)

If the code enforcement officer determines that a building permit was issued in error or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, and other applicable codes, rules and regulations, the code enforcement officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that;

a.

All work then completed is in compliance with all applicable codes, rules and regulations and;

b.

All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code and other applicable codes, rules and regulations.

(k)

Application fee.

(l)

The application fees as determined in section 5-37 must be paid at the time of submission for a building permit, for an amended building permit, or for renewal of a building permit.

(m)

Fees are not refundable.

(L.L. No. 2 of 2023, § 1)

(a)

Work to remain accessible and exposed.

(1)

Work shall remain accessible and exposed until inspected and accepted by the code enforcement officer or by an inspector authorized by the code enforcement officer.

(2)

The permit holder shall notify the code enforcement officer as noted with the permit, when any element of work described in subsection 5-25(b) is ready for inspection.

(b)

Elements of work to be inspected. The following elements of the construction process are the minimum number of elements that shall be inspected, where applicable to the issued permit. The element shall conform to all applicable codes, rulesand regulations and submitted plans, specifications or manufacturer requirements;

(1)

Work site prior to the issuance of a building permit, if deemed required by the code enforcement officer;

(2)

Footing prior to pouring material;

(3)

Foundation prior to pouring material;

(4)

Foundation drainage system, damproofing, parging or other applications;

(5)

Foundation prior to backfilling;

(6)

Preparation for concrete slab;

(7)

Wall systems, floor systems, roof systems. Interior or exterior:

a.

To observe components prior to installation of cover material or concealment;

b.

To observe components for structural integrity;

c.

To observe components for installation according to applicable codes, rules and regulations;

(8)

Building systems prior to concealment, including underground and rough-in:

a.

Plumbing components and systems;

b.

Electrical components and systems;

c.

Heating, ventilating and air conditioning components and systems;

d.

Automatic or manual fire alarm components and systems;

e.

Fire sprinkler components and systems as noted with permit;

f.

Commercial cooking hoods, ducts and suppression systems;

g.

Other project specific components and systems.

(9)

Fire resistant construction;

(10)

Fire resistant penetrations;

(11)

Chimneys, flues or gas vents;

(12)

Solid fuel burning/heating appliances;

(13)

Other fuel burning appliances including but not limited to fireplace inserts;

(14)

Energy Code compliance, according to the Energy Code adopted by the town board, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, high-performance lighting, and controls; and

(15)

A final inspection after all work authorized by the building permit has been completed.

(c)

Inspection results.

(1)

After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code, or other applicable codes rules and regulations.

(2)

Work not in compliance shall remain exposed until such work shall have been brought into compliance and reinspected, and found satisfactory as completed.

(d)

Fees.

(1)

Fees determined in accordance with the provisions set forth in section 5-36 must be paid prior to or at the time of each inspection performed pursuant to this section.

(2)

Fees are not refundable.

(L.L. No. 2 of 2023, § 1)

(a)

Authority to issue.

(1)

The code enforcement officer is authorized to issue stop work orders pursuant to this Code and this chapter.

(2)

The code enforcement officer shall issue a stop work order, which is a mandatory order to cease actions determined to be non-compliant with the Uniform Code, Energy Code or other applicable codes rules and regulations in order to halt:

a.

Any work that is determined by the code enforcement officer to be contrary to any applicable provision of the Uniform Code, Energy Code, other applicable codes rules and regulations without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work;

b.

Any work that is being conducted in a dangerous or unsafe manner in the opinion of the code enforcement officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

c.

Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.

d.

Other construction, projects, or events that do not conform with applicable codes rules and regulations.

(b)

Content of stop work orders. Stop work orders shall;

(1)

Be in writing;

(2)

Be dated and signed by the code enforcement officer;

(3)

State the reason or reasons for issuance; and

(4)

If applicable, state general information which may assist in directing the person or persons to a means of compliance, if any.

(c)

Service of stop work orders.

(1)

The code enforcement officer shall cause the stop work order, or a copy thereof, to be served on the owner of the affected property, and/or permit holder, and/or other person involved in the incident with authority to act on the order, personally or by certified mail. Certified mail shall be to the address provided on the permit application.

(2)

The code enforcement officer shall be permitted, but not required, to cause the stop work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop work order.

(d)

Effect of stop work order. Upon the issuance of a stop work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work or incident shall immediately cease all work or activity which is the subject of the stop work order.

(e)

Remedy not exclusive.

(1)

The issuance of a stop work order shall not be the exclusive remedy available to address any event described in this chapter, and the authority to issue a stop work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty as noted in this chapter or under any other applicable local law or state law.

(2)

Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop work order.

(L.L. No. 2 of 2023, § 1)

(a)

Certificates of occupancy/certificates of compliance required.

(1)

A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another.

(2)

Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy/certificate of compliance.

(b)

Issuance of certificates of occupancy/certificates of compliance.

(1)

The code enforcement officer shall issue a certificate of occupancy/certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, Energy Code, other applicable codes rules and regulations and any inspections as required and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code, Energy Code, other applicable codes rules and regulations and any inspections as required.

(2)

The code enforcement officer shall inspect the building, structure or work, prior to the issuance of a certificate of occupancy/certificate of compliance, using their best efforts and ordinary care in determining whether the work being inspected conforms to all applicable codes.

(3)

In addition, other required documents, prepared in accordance with the provisions of the codes by such person or persons as may be designated by or otherwise acceptable to the code enforcement officer, at the expense of the applicant for the certificate of occupancy/certificate of compliance, shall be provided to the code enforcement officer prior to the issuance of the certificate of occupancy/certificate of compliance these may include the following:

a.

A written statement of structural observations and/or a final report of special inspections, and;

b.

Flood hazard certifications.

(c)

Contents of certificates of occupancy/certificates of compliance. A certificate of occupancy/certificate of compliance shall at a minimum, contain the following information:

(1)

The building permit number, if any;

(2)

The date of issuance of the building permit, if any;

(3)

The name, address and tax map number of the property;

(4)

If the certificate of occupancy/certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which that certificate of occupancy/certificate of compliance is issued; •

(5)

The use and occupancy classification of the structure;

(6)

The type of construction of the structure;

(7)

The assembly occupant load of the structure, if any;

(8)

If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

(9)

Any special conditions imposed in connection with the issuance of the building permit; and

(10)

The signature of the code enforcement officer issuing the certificate of occupancy/certificate of compliance and the date of issuance.

(d)

Temporary certificate.

(1)

The code enforcement officer shall be permitted to, but not required to, issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit.

(2)

However, in no event shall the code enforcement officer issue a temporary certificate unless inspections have determined these minimums exist;

a.

That the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely;

b.

That any fire- and smoke-detecting or fire protection equipment which has been installed, tested, and is operational; and

c.

That all required means of egress from the building or structure have been provided The code enforcement officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code.

(3)

A temporary certificate shall be effective for a period of time, not to exceed six (6) months, which shall be determined by the code enforcement officer and specified in the temporary certificate.

(4)

During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to finish the project and to bring the building or structure into full compliance with all applicable codes, rules and regulations.

(e)

Time extension of a temporary certificate.

(1)

A request for approval for extension of a temporary certificate of occupancy or compliance may be considered by the code enforcement officer.

(2)

The request may be granted if a diminimus amount of work is needed to complete the project and progress is continuing at a consistent schedule.

(3)

This extension shall not be granted for more than ninety (90) days.

(f)

Revocation or suspension of certificates. If the code enforcement officer determines that a certificate of occupancy/certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the code enforcement officer within such period of time as shall be specified by the code enforcement officer, the code enforcement officer shall revoke or suspend such certificate.

(g)

Fees. The fees determined in accordance with the provisions set forth in section 5-37, must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for temporary certificate. Fees are not refundable.

(L.L. No. 2 of 2023, § 1)

Any chief of the town fire department shall notify the code enforcement office as soon as possible, of any incident involving a building or property fire, explosion, physical or structural damage, fuel-burning appliance, chimney or gas vent.

(L.L. No. 2 of 2023, § 1)

Unsafe uses, structures, property, buildings and equipment in the town shall be identified and addressed in accordance with the procedures established by the building and code office, this Code and the Uniform Code, as now in effect or as hereafter amended.

(L.L. No. 2 of 2023, § 1)

(a)

Operating (operation) permits required.

(1)

Operating permits in addition to any other required permit, shall be required for conducting the activities or using the categories of buildings listed below:

a.

Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in the applicable maximum allowable quantity tables found in the FCNYS Chapter 50;

b.

Hazardous processes and activities, as noted in the application and including but not limited to combustible dust-producing operations; flammable finishes; fruit and crop ripening; fumigation and insecticidal fogging; tents, temporary special event structures and other membrane structures; high piled combustible storage; tire rebuilding and tire storage; welding and other hot work; sugarhouse alternative activity provisions; explosives and fireworks; open burning, recreational fires and portable outdoor fireplaces; open flames; and mobile food preparation vehicles ;

c.

Energy storage systems where the system exceeds the values shown in table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS;

d.

Buildings containing one (1) or more assembly areas, as defined in section 5-22

e.

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the authority having jurisdiction;

f.

Outdoor events where the planned attendance exceeds one thousand (1,000) persons;

g.

Facilities that store, handle, or use hazardous production materials

h.

Other processes, activities, or operations of any type of building, structure, facility, use or occupancy at the discretion of the authority having jurisdiction;

i.

Any person, corporation or other entity engaged in the construction, repair, remodel or alteration of buildings or any system or component which is a part thereof, shall be required to obtain an annual operating permit.

(2)

Any person who proposes to undertake any activity or to operate any type of business or to use a building as listed in section 5-30, shall be required to obtain an operating permit as soon as notified by the code enforcement official or prior to commencing such activity or operation whichever is the earlier occurrence.

(b)

Applications for operating permits.

(1)

An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the code enforcement officer.

(2)

Such application shall include such information as the code enforcement officer deems sufficient to permit a determination by the code enforcement officer that quantities, materials, and activities conform to the requirements of the Uniform Code and any applicable codes, rules and regulations.

(3)

If the code enforcement officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the code enforcement officer, at the expense of the applicant.

(c)

Inspections. The code enforcement officer or an inspector authorized by the code enforcement officer shall inspect the subject premises prior to the issuance, or renewal, of an operating permit.

(d)

Multiple activities. In any circumstance in which more than one (1) activity listed in subsection (a) is to be conducted at a location, the code enforcement officer may require a separate operating permit for each such activity, or the code enforcement officer may, in his or her discretion, issue a single operating permit to apply to all such activities.

(e)

Duration of operating permits.

(1)

Operating permits, other than those for pyrotechnics, explosives or blasting,are permitted to remain in effect until reissued, renewed, or revoked and shall be issued for a specified period of time consistent with local conditions, but shall not exceed:

a.

One hundred eighty (180) days for tents, special event structures, and other membrane structures;

b.

Sixty (60) days for alternative activities at a sugarhouse;

c.

Three (3) years for activities, structures, and operations determined by section 5-30 (a)(1 )(i) of this code;

d.

One (1) year for all other activities, structures, and operations identified in section 5-30 (a)(1) of this code.

(2)

The effective period of each operating permit shall be specified in the operating permit.

(3)

An operating permit may be reissued or renewed upon application to the code enforcement officer, payment of any applicable fee, and approval of such application by the code enforcement officer.

(f)

Revocation or suspension of operating permits.

(1)

If the code enforcement officer determines that any activity or building for which an operating permit is issued does not comply with any applicable provision of the Uniform Code or this Code, such operating permit shall be revoked or suspended.

(2)

Revocation or suspension of operating permits shall require the operation, business or use to cease as directed by the code enforcement officer.

(g)

Fees.

(1)

The fees determined in accordance with the provisions set forth in section 5-37 must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

(2)

Fees are not refundable.

(L.L. No. 2 of 2023, § 1)

(a)

Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the code enforcement officer or an inspector designated by the code enforcement officer at the following intervals:

(1)

Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months.

(2)

Fire safety and property maintenance inspections of public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining or recreational facilities shall be performed at least once every twelve (12) months.

(3)

Fire safety and property maintenance inspections of multiple dwellings, primarily occupied as student housing, shall be performed at least once every twelve (12) months.

(4)

Fire safety and property maintenance inspections of all multiple dwellings not included in subsections (1) or (2), and all non-residential buildings, structures, uses and occupancies not included in subsections (1) or (2), shall be performed at intervals not to exceed once every thirty- six (36) months.

(b)

Inspections permitted.

(1)

In addition to the inspections required by subsection (a), a fire safety and property maintenance inspection of any parcel of land, building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the code enforcement officer at any time upon:

a.

The request of the owner or an authorized agent of such owner of the property to be inspected;

b.

Receipt by the code enforcement officer of a written statement, signed and verified by a complainant, alleging that conditions or activities failing to comply with the Uniform Code, Energy Code or other applicable codes, rules and regulations exist.

c.

Information known personally by the code enforcement officer which alleges that conditions or activities failing to comply with the Uniform Code, Energy Code or other applicable codes, rules and regulations exist.

(2)

Nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

(c)

OFPC inspections.

(1)

The authority having jurisdiction may accept an inspection performed by the New York State Office of Fire Prevention and Control (OFPC) or other authorized entity pursuant to Executive Law Section 156-e and/or Education Law Section 807-a and 807-b, for buildings and structures outlined in Section 5-31 (a)(2) of this Code.

(d)

Fees. The fees determined in accordance with the provisions set forth in section 5-37 must be paid prior to or at the time each inspection performed pursuant to this section. Fees are not refundable. This section shall not apply to inspections performed by OFPC.

(L.L. No. 2 of 2023, § 1)

(a)

The code enforcement officer shall review and investigate received, written statements, signed and verified by a complainant, which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, or other applicable codes, rules and regulations that are enforced by the code enforcement official.

(b)

The process for responding to a complaint shall include such of the following steps as the code enforcement department protocol may deem to be appropriate. These steps may include, but not be limited to:

(1)

Making telephone call inquiries and/or performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

(2)

If a violation is found to exist, providing the owner of the affected property and/or any other person who may be responsible for the violation, with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceed in a manner described in this chapter.

(3)

If appropriate, revoke an operating permit, issue a stop work order, notice of violation, or other type of enforcement action;

(4)

If a violation existed, perform an inspection to ensure that the violation has been abated or corrected, preparing a final report reflecting such abatement or correction, and filing such report as procedures require.

(L.L. No. 2 of 2023, § 1)

Editor's note— L.L. No. 2 of 2023, § 1, adopted March 22, 2023, repealed § 5-33, which pertained to record keeping—permanent records and derived from Local Law 5 of 2007, § I.

(a)

Purpose. The purpose of this article is to require businesses located within the Town of Vestal to register with the town in order for the town to have up to date records for the uses of buildings within the town, the commercial purposes of business, to assist with fire and police protection, and for the general health, safety, and welfare of the citizens of the Town of Vestal. This article is for regulation purposes only. Complying with registration requirements of this article does not excuse a person from any other requirements or regulations placed upon them or their business by any other ordinance or statute.

(b)

Business registration required. Every person desiring to operate a business, trade, employment, profession, or seeking to do so through an agent operating within the town, unless otherwise provided by law, shall make application in writing to the town engineer, in which shall be stated the definite place where the business, trade, employment, or profession is to be exercised; the name and resident address of the applicant; the nature of the business, trade, employment, or profession; number of years applicant has prosecuted the business, trade, employment, or profession in this town; and such other information as may be required by the town engineer.

(c)

Separate registration for each location; no transfer. If a person shall operate businesses at two (2) or more separate locations, a separate town registration for each location of the business shall be required.

(d)

Application to the town engineer.

(1)

The town engineer shall be the duly authorized agent of the town for the issuing of all town business registrations. Application for business registration under this article shall be submitted to the town engineer prior to commencing business within the town. The application shall be on a form provided by the town.

(2)

Upon receipt of the application for business registration the town engineer, if satisfied that the information is correct and complete and in compliance with use and zoning regulations, shall issue a town registration certification to the applicant and register the business, trade, employment, or profession in the name of and at the place set out in the application unless otherwise provided.

(3)

If the Town Engineer shall refuse to issue a registration certification to an applicant due to the information provided being incomplete, or inaccurate, at the time of application, upon request by the applicant, the town engineer shall provide a written statement for why the application for business registration was refused.

(e)

Business registration n on-transferable. A business registration is non-transferable and each new business must register with the town even if the business is occupying a space previously occupied by a registered business.

(f)

Enforcement of article; remedies. Violation of any requirement set forth in this article shall subject the person, business, trade, employment, or profession to a civil penalty in the amount of twenty-five dollars ($25.00). Violations of this article include:

(1)

Failure to register a business with the town engineer prior to transacting business within the town limits of Town of Vestal or failure to register a business annually with updated information.

(2)

Failure to provide accurate and complete information on a business registration application.

(3)

Failure to register multiple locations of a business within the town limits of the Town of Vestal.

(4)

Failure to allow inspection of the business by the town during normal business hours for the purpose of confirming compliance with this article.

The town may bring suit or utilize any other lawful means to collect associated penalties imposed under this article. Violations of this article shall not impose upon the violator any criminal penalty or citation.

(g)

Appeal. Any business who is assessed a civil penalty for violation of this article may appeal to the town engineer's office. The appeal must be in writing and submitted within thirty (30) days of the notice of violation to the business by the town. The written appeal should expressly state what hardship prohibited the business from complying with the requirements of this article.

(L.L. No. 2 of 2023, § 1)

(a)

The building and code department shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, as dictated by the town board or other oversight agencies, including records of:

(1)

All applications received, reviewed and accepted or denied;

(2)

All plans, specifications and construction documents approved;

(3)

All building permits, certificates of occupancy/certificates of compliance, temporary certificates, stop work orders, and operating permits issued;

(4)

All inspections and tests performed;

(5)

All reports issued;

(6)

All bona fide complaints acted upon;

(7)

All other features and activities specified in sections 5-24 through 5-32, inclusive; and

(8)

All fees charged and collected.

(b)

All such records shall be public records and open for public inspection as required or allowed under copyright laws and New York State Freedom of Information laws.

(c)

All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period as required by state law and regulation.

(L.L. No. 2 of 2023, § 1)

(a)

The building and code department shall annually submit to the town board a written report and summary of business conducted by the building and code department. Reports will include any requested information.

(b)

The building and code department shall annually submit to the Secretary of State, on behalf of the town on a form prescribed by the Secretary of State, a report of the activities of the town building and code department relative to administration and enforcement of the Uniform Code.

(c)

The building and code department shall, upon official request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials that the building and code department is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities in connection with administration and enforcement of the Uniform Code.

(L.L. No. 2 of 2023, § 1)

(a)

Order to remedy.

(1)

The code enforcement officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or other applicable codes, rules and regulations that are enforced by the code enforcement official.

(2)

Upon finding that any such condition or activity exists, the code enforcement officer shall issue an order to remedy.

(3)

The order shall:

a.

Be in writing;

b.

Be dated and signed by the code enforcement officer;

c.

Specify the condition or activity determined to be in violation;

d.

Specify as necessary, the provision or provisions of the code(s) which is/are violated by the specified condition or activity;

e.

Direct that compliance shall be achieved within thirty (30) days of the date of the order; and

f.

State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.

(4)

The code enforcement officer shall cause the order, or a copy thereof, to be served on the owner, and/or permit holder, and/or other person involved in the incident with authority to act on the order, in a manner which reasonably apprises the alleged offender, including but not limited to, regular mail; certified mail; personal delivery and/or posting on the property.

(5)

The code enforcement officer shall be permitted, but not required, to cause the order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the order.

(6)

Nothing in this section shall be construed as prohibiting any authority having jurisdiction, that issues an order of remedy, from including in such order to remedy provisions ordering the person or entity served with such order to remedy:

a.

To begin to remedy the violations described in the order to remedy immediately, or within some other period of time which may be less than thirty (30) days; and/or

b.

To take such corrective actions (such as vacating the building or barricading the area where the violations exist) which may be deemed necessary to protect the occupants of the building or area, and to protect the general public.

(b)

Appearance tickets. The code enforcement officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code or other applicable codes, rules and regulations that are enforced by the code enforcement official.

(c)

Civil penalties.

(1)

Persons or entities in violation of this article shall be subject to a fine of not more than one thousand dollars ($1,000.00) per day of violation, or imprisonment not exceeding one (1) year, or both for the first one hundred eighty (180) days; and for the following one hundred eighty (180) days shall be punishable by a fine of no less than twenty-five dollars ($25.00) and not more than one thousand dollars ($1,000.00) per day of violation or imprisonment not exceeding one (1) year, or both; and thereafter shall be punishable by a fine of no less than fifty dollars ($50) and not more than one thousand dollars ($1,000) per day of violation or imprisonment not exceeding one (1) year, or both; per NYS Executive Law Section 382, sub-section 2.

(2)

Persons or entities in violation of this Article where the violation impedes a person's notification of or evacuation and egress from a fire or other emergency situation shall be subject to a fine of up to seven thousand five hundred dollars ($7,500), per NYS Executive Law Section 382, sub-section 4.

(3)

The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of the town.

(d)

Injunctive relief.

(1)

An action or proceeding may be instituted in the name of the town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, or other applicable codes, rules and regulations - that are enforced by the town or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop work order, operating permit, compliance order, or other notice or order issued by the code enforcement officer pursuant to any provision of this chapter.

(2)

In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of the town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions.

(3)

No action or proceeding described in this subsection (d), shall be commenced without the appropriate authorization from the duly elected Supervisor of the town.

(e)

Remedies not exclusive.

(1)

No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this chapter or other applicable codes, rules and regulations.

(2)

Any remedy or penalty specified in this chapter may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this chapter or other applicable codes, rules and regulations.

(3)

Where any owner or agent having charge of a property fails to properly comply with provisions of the Property Maintenance Code of the state associated with the height of weeds and plant growth, and which is deemed to constitute a public nuisance due to the potential health and safety hazards associated with such conditions:

a.

The property may be brought to compliance by any duly authorized employee of the town or a contractor hired by the town, to enter upon the property and cut and destroy said plant growth. This action may be taken after five (5) days of notice sent by certified mail, of a notice of violation to the property owner of record for mailing tax bills, or by personal service upon the property owner of record.

b.

The total cost incurred by the town shall be billed to the property owner and if not paid within thirty (30) calendar days, the total cost shall be certified by the code enforcement officer to the comptroller of the town, and to the tax collector of the town and the expenses incurred shall become a lien upon the property. The lien upon the property shall be included in the next tax bill rendered to the owner, unless fully paid, and shall be collected in the same manner as other taxes against the property. The bill presented to the owner shall include all town expenses, materials and contractor's costs.

(4)

In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the Executive Law.

(L.L. No. 2 of 2023, § 1)

(a)

A fee schedule shall be established from time to time, by resolution of the town board.

(b)

The fees set shall be charged and collected for the submission of applications, review of plans and specifications, the issuance of building permits, amended permits, renewed permits, certificates of occupancy/certificates of compliance, temporary certificates, operating permits, fire safety and property maintenance inspections, and other actions of the town building and code department described in this Code and as noted in the resolution.

(c)

If any fee is not properly paid, the total cost incurred by the town shall be billed to the property owner and if not paid within thirty (30) calendar days, the amount shall be certified by the code enforcement officer to the comptroller of the town and to the tax collector of the town and the expenses incurred shall become a lien upon the property.

(d)

The lien shall be included in the next tax bill rendered to the owner and shall be collected in the same manner as other taxes against the property.

(L.L. No. 2 of 2023, § 1)

The Town Board may, by resolution, authorize the supervisor to enter into an agreement, in the name of the town, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

(L.L. No. 2 of 2023, § 1)

(a)

It shall be unlawful for any person/entity to implement a fireworks/pyrotechnics display on public or private lands until a final permit(s) is issued from the town enforcement official.

(b)

All fireworks/pyrotechnics shall be stored, transported and displayed in accordance with all applicable federal, state and local laws, rules and regulations.

(c)

Permits for fireworks/pyrotechnics display shall be issued only in accordance with the town fireworks application; in addition, compliance with the New York State Uniform Fire Prevention and Building Code, New York State Penal Law, National Fire Protection Association and any other laws, rules and regulations may also be required for any permit to be issued.

(d)

Application fees for fireworks/pyrotechnics display shall be set from time to time by a resolution of the town board. The prescribed fee shall accompany the application for the permit and is non-refundable.

(e)

Additional costs associated with the fireworks/pyrotechnics permit application review and display may be assessed by the town board and shall be borne by the permit applicant, agent for the applicant or property owner. These fees may include costs associated with fire protection, police or security protection and overtime costs for personnel.

(L.L. No. 2 of 2023, § 1)

(a)

Swimming pool, in this section, means any artificial pool or structure intended for wading, bathing or swimming purposes.

(b)

Skateboard facilities shall mean a structure intended for use of skateboards or used for skateboards over four (4) feet in height or permanently attached to the ground.

(c)

General requirements. Outdoor swimming pools and skateboard facilities shall be provided with an enclosure which shall comply with the following:

(1)

Shall be at least four (4) feet in height and have a maximum vertical clearance to grade of two (2) inches;

(2)

Where a picket-type fence is provided, horizontal openings between pickets shall not exceed three and one-half (3½) inches;

(3)

Where a chain-link fence is provided, the openings between links shall not exceed two and three-eighths (2⅜) inches;

(4)

Enclosure shall be constructed so as not to provide footholds;

(5)

Pickets and chain-link twists shall extend above the upper horizontal bar; and

(6)

Such enclosure shall have railings and posts within the enclosure, which shall be capable of resisting a minimum lateral load of one hundred fifty (150) pounds applied midway between posts and at top of posts respectively Enclosure: fence material or fabric shall be capable of withstanding a concentrated lateral load of fifty (50) pounds applied anywhere between supports on an area twelve (12) inches square, without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self-latching with the latch handle located within the enclosure and at least forty (40) inches above grade.

(7)

A wall of a dwelling is permitted to serve as part of the enclosure under the following conditions:

a.

Windows in the wall shall have a latching device at least forty (40) inches above the floor;

b.

A swinging door in the wall shall be self-closing and self-latching; and

c.

A sliding door in the wall shall have a self-latching device.

(d)

Setbacks. All swimming pools and skateboard facilities shall have a side yard and rear yard setback of at least ten (10) feet and a front yard setback of at least thirty (30) feet and noise generated must not exceed the requirements set forth in the Town Code. Adequate buffers may be required by the town code enforcement officer.

(e)

Compliance. Any skateboard facility not meeting Code requirements must comply within ninety (90) days of the adoption of this local law.

(f)

Exemptions. Above-ground pools with at least forty-six (46) inches between pool decking or pool top and adjoining grade are exempt from the requirements of section 5-76(c) provided that their access ladder or steps can be blocked in an approved manner when not intended for use. A pool less than twenty-four (24) inches deep is exempt from the requirements of subsection 5-76(c).

(L.L. No. 4 of 1992, § 1; L.L. No. 6 of 1992, § 1)

The town engineer is the duly appointed official to make inspections and report to the town board in accordance with this article. Whenever the town engineer, after a formal inspection thereof, shall deem any structure located within the town to be unsafe or dangerous to the public, he shall file a written report with the town board setting forth his findings.

(Code 1966, § 40-2)

The town board shall consider the report referred to in section 5-91, and by resolution determine either that the building or structure which is the subject matter of the report is or is not dangerous or unsafe to the public. If the town board determines that the building or structure is dangerous or unsafe to the public, the resolution shall provide that notice of such condition shall be given in accordance with this article.

(Code 1966, § 40-3)

(a)

Service. The notice referred to in section 5-92 shall be served on the owner or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, either personally or by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the receiver of taxes and/or in the office of the county clerk or county register, and if such service is made by registered mail, a copy of such notice is to be posted on the premises.

(b)

Notice and contents. The notice shall contain the following:

(1)

A description of the premises.

(2)

A statement as to the particulars in which the building is unsafe or dangerous.

(3)

An order outlining the manner in which the building is to be made safe or demolished and removed.

(4)

A statement that the securing or removal of such building shall commence within thirty (30) days of the service of the notice and shall be completed within sixty (60) days thereafter, unless for good cause shown such time shall be extended.

(5)

A date, time and place for a hearing before the town board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five (5) business days from the date of service of the notice.

(6)

A statement that in the event of neglect or refusal to comply with the order to secure or demolish and remove the building, the town board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the cost of demolition, including legal expenses.

(Code 1966, § 40-4)

State Law reference— Authority to collect costs of demolition of dangerous or unsafe building, General Municipal Law, § 78-b; authority to impose fees, obtain lien, etc., Statute of Local Governments, § 10(5.).

A copy of the notice served as provided in this article shall be filed in the office of the county clerk.

(Code 1966, § 40-5)

Upon refusal or neglect of the person so notified to comply with an order of the town board made pursuant to this article, and after the hearing, the town board shall provide for the demolition and removal of such building or structure, either by town employees or by contract. In the event the work is done by contract, the contract shall be awarded in accordance with the terms and requirements of the General Municipal Law.

(Code 1966, § 40-6)

State Law reference— Public contracts, General Municipal Law, § 100 et seq.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fire alarm or fire alarm system shall mean a system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals. Such equipment which is intended to alert persons outside (and/or inside) a premises to a fire or conditions similar to a fire on the premises, or to the existence of a hazard or emergency, whether by means of an audible response, by automatically dialing an emergency agency, by connection to a private answering point for the purpose of reporting to emergency agencies, or by direct connection to an emergency agency or the emergency communications center.

Fire official shall include code enforcement officer, fire marshall, fire chief, or other fire department member designated by the fire chief, and shall express the opinion of the town fire department regarding key lock boxes, their mounting, contents, etc., as specified by this article.

Fire protection system shall mean approved devices, equipment and systems or combinations of systems used to detect a fire, activate an alarm, extinguish or control a fire, control or manage smoke and products of a fire or any combination thereof.

Gate shall mean any gate, crossbar, door, or other obstructive device which is utilized for the purpose of restricting, controlling, or obstructing entry or exit by motor vehicles or pedestrians to or from private streets, parking areas, or any other enclosed or unenclosed common area established for vehicular or pedestrian use, or any fenced in area or premises, and which is not manned on a 24-hour, seven-day per week basis by a person capable of providing immediate access by a police or fire safety vehicle or personnel.

Key lock box (Knox box) means a device designed to hold entry devices, including keys, access cards, plans, lists, etc. which allow access to a business and all parts thereof, which is mounted in an approved position on the premises. Hazardous material data and key storage cabinets shall be included in the definition of key lock boxes. Electric key switches, provided by the Knox Company, shall be included in the definition of key lock boxes, as it pertains to electrically operated gates or doors, when approved by the fire official. Padlocks, provided by the Knox Company, shall also be included in the definition of key lock boxes, where applicable, and as approved by the fire official.

Town codes official means the department head of the building and codes department of the town or their designee within that department.

(L.L. No. 4 of 2007, § I)

Each building within the town which is protected by an automatic fire suppression or standpipe system shall be equipped with a key box. The key box shall be at a location approved by the town codes official (hereby referred to as codes official). The key box shall be a type and size approved by the codes official.

(L.L. No. 4 of 2007, § I)

When a building is whole or partially protected by a manual or automatic fire alarm system, the codes official shall require a key box to be installed at that location. The key box shall be a type, brand and size approved by the codes official and town fire department.

(L.L. No. 4 of 2007, § I)

The codes official shall require a key box to be installed for any building, facility, firm, or corporation which handles, uses, or stores hazardous materials as defined by FCNYS and/or is required to prepare the emergency services material safety data sheets (MSDS) or hazardous chemical inventory forms under the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III). All pertinent documents shall be stored in a lock box document vault or as approved by the codes official and the fire official. This includes any building, facility, firm or corporation operating structures that handle, use or store hazardous materials. The key box shall be a type and size approved by the codes official.

(L.L. No. 4 of 2007, § I)

When a property contains a building or structure that is protected by a locked fence, switch, gate, or any locking device, the codes official may require a key box padlock to be installed at a location approved by the codes official upon consultation with the fire official.

(L.L. No. 4 of 2007, § I)

This article shall not apply to owner occupied one and two family dwellings and individual townhouse units as defined by BCNYS. This article includes any commercial or industrial buildings, multi-family residential and apartment complexes, buildings that have restricted access through locked doors, governmental buildings, nursing care and related buildings, educational buildings, places of assembly (churches), and other at risk properties as determined by the codes official.

(L.L. No. 4 of 2007, § I)

The owner or operator of a building subject to this article is required at all times to keep all key(s) or other access devices in the lock box that will allow access to the entire building. The key box(es) shall contain the following:

(1)

Keys to locked points, whether interior or exterior of such buildings;

(2)

Keys to locked mechanical rooms;

(3)

Keys to locked elevator rooms and controls;

(4)

Keys to any fenced in or secured areas;

(5)

Keys to any other area that may be required by the codes official. A written notice will be supplied for these other areas;

(6)

A weather resistant card containing the emergency contact people and phone numbers for such building;

(7)

Keys to areas of the building where fire alarm systems and automatic fire suppression systems are located.

(8)

An inventory of the keys is to be posted inside all lock boxes, as per approval of the codes official.

If approved by the codes official, the interior keys to buildings may be secured in a second lock box located within the main lobby of the building.

(L.L. No. 4 of 2007, § I)

Lock box(es) shall be installed in locations as approved by the codes official. At least one per building or complex shall be installed on the front of the building (side 1) near the main entry door, between six (6) and eight (8) feet above ground unless approved at a higher or lower level by the codes official and/or first due fire company. The town must provide written notice and provide owner 30 days to install the lock box. A permit/registration with the town is required prior to the installation of a key box in order to verify the proper mounting location and installation of said key box. If a permit/registration fee is required, the fee will be set by the town board by resolution and may be changed or eliminated by such.

(L.L. No. 4 of 2007, § I)

It shall be the responsibility of the building or premises owner:

(1)

To assume all costs involved in the purchase and installation of the key lock box and supplying the required contents for it.

(2)

To keep said key lock box in good repair and visible to fire and code officials.

(3)

To ensure that all keys and information required to be contained in the key lock box shall be provided, and kept current.

(L.L. No. 4 of 2007, § I)

The town codes department, upon consultation with the fire advisory board, shall be authorized to implement rules and regulations for the use of the lock box system, shall designate the type of key lock box system to be implemented within the town, and shall have the authority to require all structures to use the designated system.

(L.L. No. 4 of 2007, § I)

Failure of any building owner or agent of the owner to install the box after thirty (30) days as directed by the codes official constitutes a violation of this section and in addition to fines and penalties the town may install said box at the owner's expense. The owner or agent so directed to install a box may appeal that determination within thirty (30) days after notification of required installation.

(L.L. No. 4 of 2007, § I)

Owners or occupants of one and two family dwellings and townhouse units may utilize the key box system upon consultation with and issuance of proper permits/registration by the town codes official. The key box shall be a type, brand and size approved by the codes official.

(L.L. No. 4 of 2007, § I)

No stairs or steps, displays, sign or other fixtures or structure protrusions shall be located near the box, which would allow unauthorized users to access the key box, or would obstruct the visibility of the key box or limit fire department access to the key box.

(L.L. No. 4 of 2007, § I)

Any and all ordinances or parts of ordinances inconsistent with this article are hereby repealed to the extent of their inconsistency. The town may from time to time amend, supplement, change, modify or repeal this ordinance pursuant to the provisions of federal, state and local laws.

(L.L. No. 4 of 2007, § I)

All existing buildings shall comply with this article within twelve (12) months from the effective date. All newly constructed buildings not yet occupied or buildings currently under construction and all buildings or businesses applying for certificate of compliance, shall comply immediately upon approval of this article.

(L.L. No. 4 of 2007, § I)

(a)

The purpose of this article is to establish a registry of all rental property as defined herein enabling the town to identify persons responsible for the care and management of such property which will ensure the enforcement of local, state and federal regulations.

(b)

The provisions of this article shall apply to all property located in the town as defined herein.

(L.L. No. 8 of 2007, § 2; L.L. No. 8 of 2025, § 1, 9-24-2025)

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Building means any improved real property located within the town.

Rental property includes all buildings containing residential units which are either rented, leased let or hired out to be occupied which shall be limited to one-family, two-family, multi-family, or mixed use (commercial-residential). this definition shall not be deemed to include cooperative apartments.

Owner means any individual or individuals, partnership or corporation, similar type of business organization or proprietary interest, whether or not for profit or otherwise, in whose name title to a building is vested.

(L.L. No. 8 of 2007, § 3; L.L. No. 8 of 2025, § 1, 9-24-2025)

(a)

Registration. Every owner of rental property as defined herein shall be required to register such property with the police department on such form or forms as prescribed by the police department within a period of sixty (60) days from the effective date of this law. A new form shall be filed whenever there is a change of ownership, and it shall be the responsibility of the new owner to see that such form is filed within a period of sixty (60) days from taking title to the property.

(L.L. No. 8 of 2007, § 4; L.L. No. 8 of 2025, § 1, 9-24-2025)

It shall be the responsibility of the owner of each property which is subject to the provisions of this article to timely file a registry application within sixty (60) days of the effective date of this law. The form shall require the following information:

(1)

The property address, the section, block and lot number of the property as stated on the tax map of the town, and the number of residential dwelling units on each property.

(2)

The owner(s) name(s), owner(s) mailing address and telephone number.

(3)

The name and names, titles, addresses and telephone numbers of any responsible person(s) of the corporation, LLC, partnership or other similar business entity if the ownership is held in a nonindividual capacity.

(4)

The name, address and telephone number of a local responsible person over twenty-one (21) years old, residing in Broome County, who shall be responsible for the care and management of such property and is authorized by said owner when the owner resides or has its principal place of business outside of Broome County.

The form shall be signed by the owner and his or her designee and witness by a notary public and shall contain the following declaration: "I certify that all information contained in this statement is true and correct to the best of my knowledge and belief. I understand that the willful making of any false statement of material fact herein will subject me to the provisions of law relevant to the making and filing of false instruments and shall constitute a violation of this chapter. It shall be the responsibility of each owner to timely notify the police department whenever the information provided in this form has become outdated or for any reason is no longer accurate. It shall be the responsibility of each owner to recertify the aforementioned information annually."

(L.L. No. 8 of 2007, § 5; L.L. No. 8 of 2025, § 1, 9-24-2025)

(a)

No rental property as defined herein, shall be occupied by any tenant without compliance with the provisions herein and failure to comply shall constitute a violation of this article.

(b)

Any person committing a violation to any provision of this article shall be punishable as provided in this section. Additional penalties may apply under other local, state or federal law or regulation.

(c)

Penalties for offenses to this article are as follows:

(1)

Fine for the first thirty (30) days past the initial 60-day registration period shall be one hundred dollars ($100.00).

(2)

Fine for the thirty (30) days after those outlined in (1) above shall be two hundred and fifty dollars ($250.00).

(3)

Each thirty (30) days after those outlined in (2) above shall be five hundred dollars ($500.00).

(L.L. No. 8 of 2007, § 6; L.L. No. 8 of 2025, § 1, 9-24-2025)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign that is no longer associated with a viable business, building or operating event.

Adjacent grade means the portion of ground within a ten-foot radius of the center area of a ground sign.

Advertising sign means a sign or billboard which directs attention to a business, industry, profession, commodity, service or entertainment not sold or offered upon the same premises where the sign is located; or which advertises any person, event, activity or thing, regardless of whether any fee, charge, payment, sale or business is involved, which is not located on the property.

Banner means a lightweight fabric or similar material used for a non-permanent (temporary) sign. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered a banner.

Building identification sign means any sign used to name, categorize, number, denote or indicate a specific building or a specific component in or on a building, i.e., building "A", sprinkler connection "D".

Building wall means any construction in connection with a building or structure, being a support member or not, which is not less than seventy-five (75) degrees and not greater than one hundred (100) degrees from vertical.

Business directive sign means a sign that is erected for the sole purpose of indicating that a group of establishments or premises are located on a certain street, highway or parcel.

Business sign means a sign which directs attention to a business, industry, profession, commodity, service or entertainment sold or offered upon the same premises where the sign is located.

Canopy sign/awning sign means any sign that is a permanent part of, or permanently attached to an awning, covering, or other fabric, plastic, or structural protective cover over a door, entrance, window, outdoor service area or wall of a building. Canopy signs are considered wall signs.

Changeable sign means a sign with the capability of content change by means of manual or remote input, including the following types:

(1)

Manually activated is a changeable sign whose message copy or content can be changed manually on a display surface.

(2)

Electrically activated is a changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. For the purposes of this article, on-off switching shall not be less than fifteen (15) seconds in duration.

Code enforcement officer shall mean any code official duly employed by the town and so designated with the task of enforcing this article. It shall also include the term "public authority" as noted in Section 1114 of the New York State Vehicle and Traffic Law.

Directional business sign means a sign that gives direction to a business, industry, profession, commodity, service, event, activity, entertainment or provides traffic paths to locations on a property or within a shopping plaza.

Double-faced means any two-faced sign utilizing both faces or surfaces for display purposes.

Electronic message sign means an electrically activated changeable sign whose variable message capability can be electronically programmed.

Event notification sign means a sign or signs erected by not-for-profit organizations to inform the general public of an event being held at property owned or occupied by the organization.

Face or surface means the surface of the sign upon, against or through which the message of the sign is exhibited.

Feather flag means a vertically oriented banner attached to a single pole allowing the fabric to hang loose at one (1) or two (2) of the four (4) corners. These may also be known as advertising flags, swooper flags, flutter flags, blade flags, sail flags, bow flags, teardrop flags, tall flags, quill flags, and similar.

Flag means material, usually cloth, nylon or weather resistant fabric, usually of a rectangular shape, on which a symbol, marking, design or emblem is sewn in to, on or adhered to in order to be displayed, (usually on a pole) on a property for public view.

Flashing/blinking sign means signs or portions of signs, whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this ordinance, flashing will be defined as occurring if the cyclical period between on-off phases of illumination is less than five (5) minutes.

Gateway sign means a monument ground sign constructed of natural masonry or stone, located on nonpublic owned property for use in presenting public announcements, emergency and local government messages and limited controlled advertisement, in a format approved by the Town of Vestal.

Ground sign/ground sign structure means any sign not attached to any building, but which is permanent and attached in or on the ground surface in a fashion such as not to be moved by hand.

Height of ground sign means the measurement from the lowest adjacent grade of the ground sign to the top most portion of the sign or structure supporting the sign.

Human directional/sign twirler means a commercial worker who holds a sign to direct traffic or individuals to a designated area.

Identification sign means a sign erected for the purpose of stating the name of a place of worship located on the premises where the sign is located.

Illegal sign means any sign erected, placed, installed or carried contrary to the requirements of, or prohibited by, this article

Information sign means a sign indicating proximity of a noncommercial parcel of land or a sign indicating proximity or direction to a noncommercial service, event or activity.

Merchant/walkway sign means a sign, not larger than four (4) square feet, which is attached on the ceiling, wall or column of a walkway or overhang and is mounted near the entrance location of a particular service or merchant to allow for ease of pinpointing that entrance.

Monument ground sign means a permanent ground sign that is installed without using a column or pole for primary support, but rather is anchored to the earth by means of a foundation that becomes a part of the sign structure.

Multiple residence/multiple residence complex means properties with a building or buildings on site which contain more than two (2) residential occupancies, excluding townhouse buildings.

New york state design professional means an architect or an engineer licensed by NYS Department of Education.

Outdoor merchandise sign means a sign not greater than four (4) square feet in area, located in immediate proximity to merchandise for sale or the business or service offered, describing such merchandise or service, its price and any terms of sale.

Pad site means a "stand alone" structure, not attached to any other building, located within the confines of a shopping plaza boundary, containing not more than two (2) separate businesses.

Pennant means any lightweight plastic, fabric, or other material, whether or not containing a sign message of any kind, designed to attract attention when moved in the wind. Pennants typically are suspended from a rope, wire, or string, usually in series.

Projecting sign means a sign which is attached to the wall or support structure of any building or structure and which extends beyond the surface of such wall a distance greater than twelve (12) inches (see also "wall sign").

Public office includes elected positions of service held at the federal, state, county, town and school district levels of government.

Poof sign means a sign constructed upon or supported by a roof of any building or structure.

Sandwich board/"a-frame" sign means a type of advertisement composed of two (2) boards holding a message or graphic and being either carried by a person or set up in a triangle shape, hinged at the top or side, or a single upright sign mounted on legs or a weighted base.

Shopping plaza means a property used for nonresidential purposes, where there are not less than five (5) separate business spaces available for occupancy at the property.

Shopping plaza entrance, primary means the main entrance or driveway for access to a shopping plaza property by vehicular traffic. This shall be administered by a one-time written election of the property owner.

Shopping plaza entrance, secondary means an entrance or driveway for access to a shopping plaza property by vehicular traffic, which is other than the primary shopping plaza entrance.

Sign means any material, structure, or devise or part thereof composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building or wall of a building including window display area, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any announcement, logo, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.

Sign, permanent means any sign intended and installed to be permanently in place at a given location by means of suitable fastening to a building or to a structure specifically erected to hold such sign(s) or to the ground.

Sign, permanently affixed means a sign painted or permanently attached with glue, adhesive, bolts, nails, or other means so as to not render the sign easily removed.

Storefront width means the physical width of linear feet measured along the wall of the front, primary or main entrance of an individual space which is available to be occupied, used, leased or rented.

Street frontage means the measured length in feet, along the boundary line of a parcel of real property, which is the boundary of the address of the property.

Surface sign means any sign engraved, painted or otherwise on any outside surface of premises, including walls and windows.

Temporary sign means any outside sign constructed in such a way as to be portable or which conveys information which is meant to be applicable for periods of time of less than three (3) months, except as otherwise provided.

Tube man means an inflatable moving advertising product comprising of a long fabric tube, which is attached to and activated by an electric fan, causing the tube to move in a dynamic dancing or flailing motion. These may also be known as skydancers, air dancers, tall boys, or similar.

Vacant lot, vacant property means a parcel of land which is not occupied by a building, structure or permitted use. This includes buildings or tenant spaces in buildings that do not have a viable, approved use occupying the building or space.

Wall sign means any sign constructed or supported on a building wall or upright structure of a building and which shall not extend beyond the surface of such a wall or support structure, a distance greater than twelve (12) inches in any direction.

Window sign means a sign installed inside a window for purposes of viewing from the outside of the premises. This term does not include merchandise located in a window.

Yard sign means any sign designed exclusively to inform the general public, placed along a property frontage, of a fundraising campaign, political campaign, social event, on-site sale, for sale/rent signs, civic undertaking, annual festivity or related enterprises of a temporary nature.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1; L.L. No. 7 of 2025, § 1, 9-24-2025)

This article is enacted to promote and protect public health, welfare and safety and to preserve the value of property and the aesthetic quality of the environment as well as the general well-being of the community. This article is further enacted to limit the type and number of signs which have questionable value as to their ability to generate business or which detract from the visual appearance of the community. This article is written with the knowledge that property regulated signs have a rightful and needed place in today's world.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

When determining total permissible sign area for any lot, property, business or tenant space, the area of any existing sign, other than exempt signs, shall be included in the computation. The total area of existing and new signs shall not exceed the maximum allowable area requirements as set forth in this article.

(b)

The computation of permissible sign area shall specifically include:

(1)

The area of all outside ground, wall, canopy and surface signs which shall be the square footage of the entire display area except for double-faced signs, for which only the dimension of the largest face shall be used for such purpose.

(2)

The square feet of "channel letter" (freestanding letters, numbers, emblems, etc.) wall signs shall be measured by calculating the area enclosed within a line drawn around the exterior perimeter of the object which make up the characters of the sign, logo or trademark and any intervening space.

(3)

Window signs affixed to the outside of the window.

(4)

Any other legal nonconforming sign.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

The goal of this section is to eliminate all nonconforming signs.

(b)

Except as provided in this section, any sign existing at the time of the adoption of this legislation is considered a nonconforming sign.

(c)

All illegal signs, nonconforming signs and signs made nonconforming by the adoption of this law, are prohibited and shall be removed immediately.

Exceptions:

(1)

Approval for allowing a nonconforming sign to remain for a maximum of five (5) years from the date of enactment of this law or until replaced, removed or abandoned, may be given by the code enforcement official upon proof of issuance of a previous sign permit and by application for an extension.

(2)

Existing signs in conformance with this article are allowed to remain if previous permits were granted.

(3)

Pre-existing signs which were legally installed with the previous sign code shall be considered in compliance with this Code revision.

(d)

Any nonconforming sign which is not used for a period of three (3) months shall be deemed abandoned and shall be brought into conformity with this article.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this article, the zoning board of appeals (ZBA) of the town shall have the power in passing upon appeal requests to this article, to vary, or modify the application relating to the size of a sign, the number of signs on a property, the amount of square feet of signage, setback dimensions to a sign, length of display or other request including appeals of a decision of a code enforcement officer.

The need for a public hearing shall be at the discretion of the zoning board of appeals and/or the code enforcement officer.

Advance notification of variance meetings shall be sent to adjacent property and business owners within a 250-foot radius of the aggrieved property or business.

(b)

Variances may be granted by the ZBA if in its judgment it finds that the variance sought will not be disproportionate, excessive, repetitive, injurious to the environment or otherwise detrimental to the public welfare.

As guidance, the board should consider the following: whether the applicant has other means to achieve the goal or benefit, whether this difficulty is self-created due to choice of building, location, lot, architecture or myriad of existing signs, whether the impact on the visual environment will be adversely affected, whether the very minimum amount of variance is being requested, whether an undesirable change will be produced for neighbors, by granting a variance.

The ZBA may impose any conditions which it deems necessary to carry out the provisions of this article.

(c)

The zoning board of appeals may solicit advice from the planning board, town board, code enforcement official or other knowledgeable person or organization to gather information for making a decision.

(d)

The applicant shall submit information on forms provided by the code enforcement office and, if necessary, in addition to any previous submittals, shall submit other information as needed for the board.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Applications for an appeal on the determination of the ZBA or the planning board may be made to the town board.

(b)

Any such application must be made not more than thirty (30) days after said decision is filed with the town clerk.

(c)

The town board upon granting such appeal, may afford relief as set forth in section 5-115.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

No sign in any district shall be erected, altered, refaced, repainted or changed until a sign permit has been issued by the code enforcement official.

Exceptions: Signs offering property for sale or lease, flags, garage sale signs, building identification signs and similar type signs as determined by the code enforcement officer, do not require permits.

(b)

All applicants for sign permits shall, as a minimum, submit completed permit application information including, but not limited to the following:

(1)

Name, address and telephone number of the applicant and, if different, the written permission of the owners of the property on which the sign is to be located and, if the property is leased, of the tenants thereof.

(2)

Location of the building, structure or lot to which or upon which the sign is to be attached to erected.

(3)

The type, size and location of the sign.

(4)

Drawings of the plans and specifications and method of construction and attachment to the buildings and/or in the ground.

(5)

Sketches, pictorial matter, photographs and/or other detailed art necessary to clearly depict the actual color, lighting and design of the sign.

(6)

As required, plans noting structural information and calculations.

(7)

The name of the person erecting the sign.

(8)

Information from an approved testing agency, for proof of testing, listing and certification of the individual electric components or energized equipment.

(9)

The current total square feet of all signs currently existing at the property.

(10)

Such other information as the code enforcement official shall require to ensure full compliance with this article.

The number of sets of drawings to be submitted shall be determined by the code enforcement officer.

(11)

All permits shall be conditioned upon the elimination of all nonconforming and illegal signs, except as provided in section 5-114.

(12)

As mandated by the code enforcement official, plans may be required to be stamped by a NYS licensed design professional.

(c)

In addition, the following two (2) operations shall not be considered creating a new sign and, therefore, shall not require a sign permit:

(1)

Replacing copy or changing the message on an approved sign which is specifically permitted and designed for use as a changeable sign.

(2)

Maintenance, cleaning and other normal repair of an existing permitted sign or sign structure, unless a structural change or permanent message change is made.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Permit application and appeal fees shall be prescribed from time to time by a resolution of the town board.

(b)

The prescribed fee shall accompany any application or appeal submittal.

(c)

Fees are non-refundable.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

As required in section 5-132, recommended criteria and design for specific types of shopping plaza signs shall be approved by the planning board by resolution.

When there are approved criteria and design for the type of signs in a shopping plaza and the code enforcement official finds that a proposed sign deviates from such criteria and design, the code enforcement official is authorized to disregard deviations which are determined to be minor.

(b)

Signs having electrical components and/or an electrical connection, shall be inspected by an electrical inspector approved by the code enforcement officer and a certificate of compliance shall be submitted to the code enforcement officer.

(c)

All signs shall be installed and fastened in place by appropriate means to withstand forces of gravity, wind, deflection, shear and other imposed loads.

(d)

All signs shall be maintained structurally sound and in appearance at, or as close as is reasonably possible to, their general condition and appearance at the time of initial installation.

(e)

Signs may be referred to the zoning board of appeals or the planning board by the code enforcement official as follows:

When regardless of the existence of permitting code language, criteria or design, it is the opinion of the code enforcement official that a sign should be reviewed by an authoritative board, to determine its harmony and compatibility with this law or the neighborhood or the environment, or it is his opinion that it should be reviewed for any purpose.

(1)

The assigned board shall have thirty (30) business days from such referral by the code enforcement official to make recommendations and comments regarding the application.

a.

There shall be no appeal fee required for this referral.

b.

There is no requirement for public notification or public hearing except as requested by the reviewing board.

c.

The recommendations and comments shall be made known to the applicant.

(2)

Failure of the board to make such recommendations and comments within the allotted time frame shall constitute a waiver of such review.

(3)

The board shall review the submitted sign application and approve, deny or approve with modifications or conditions.

(4)

Review criteria shall relate to; size of signs, number of signs, light output, illumination, location, height, compatibility of the sign(s) with this article, impact upon the neighborhood, safety and environmental issues.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Except as specifically allowed herein, all banners, pennants, spinners, feather flags, sandwich boards, tube man displays, sign twirlers, human directional, and strings of lights shall be prohibited.

(b)

A recognized flag of a nation, group, club, and/or association shall be permitted, except that no more than two (2) flags of this type shall be permitted.

(1)

In the case of multiple groups, clubs, or associations existing on a single property, not more than one (1) flag, as noted above shall be permitted for each individual entity.

(2)

Flags shall only be displayed on the property or within the area under the control of the occupant where the particular represented entity is located.

(c)

Non-flashing lights and decorations displayed in connection with holidays and recognized celebrations shall be allowed without a permit.

(d)

All signs created by or at the direction of the local, county, state or federal government, shall be exempt from this article.

Signs located on properties owned by the Vestal School District, occupied by school facilities are exempt from this article.

Except as required by state law, or permitted by this article, no sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. Proof of such permission or consent may be requested by the code enforcement official.

(e)

Information signs and business directive signs may only be erected by approval of the zoning board of appeals. Such signs shall contain no merchandise advertising.

(f)

For the purpose of increasing the safety of all users of the highways within the town and to promote a more aesthetically attractive community, all advertising signs shall be prohibited anywhere within the town.

(g)

No person shall post or affix any notice, poster or other device or paper, including any poster, paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree, or upon any public structure, building or right-of-way except as may be authorized or required by law. Any sign installed or placed on the items or in the areas outlined in this section, shall be deemed illegal and shall be forfeited to the public and subject to confiscation.

(h)

Projecting signs are prohibited.

(i)

Signs permanently affixed to a vehicle which is duly licensed for use on the highway and in actual use for transportation purposes, shall be exempt from this article.

Signs on vehicles which do not come within this exemption shall be prohibited, including using any vehicle, trailer or other equipment primarily as a structure on which to display a sign.

(j)

Signs located completely inside of buildings, shall be exempt from this article.

Exception: Blinking, flashing or animated signs which are visible from the nearest public thoroughfare or highway and that create a distraction by their animation, shall be prohibited.

(k)

Except as specifically allowed in this article, no sign shall be a changeable sign, flashing sign or electronic message sign. In addition:

(1)

No sign shall be actually in motion.

(2)

No sign shall be environmentally activated.

(3)

No sign shall be mechanically activated.

(l)

No sign or recognized business flag shall be located on any vacant lot or vacant property.

Exceptions:

(1)

For sale or lease signs as permitted by code.

(2)

Signs on properties which have been approved for use by the planning board, zoning board of appeals or town clerk.

(3)

Signs approved by the town board.

(m)

Sign content.

(1)

Viewpoint neutrality.

a.

Notwithstanding anything in this article to the contrary, no sign or sign structure shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure.

b.

Notwithstanding anything in this article to the contrary, it is the policy of the town to regulate signs in a manner that does not favor commercial speech over noncommercial speech and does not regulate protected noncommercial speech by message content.

c.

Within this article, any distinction between onsite and offsite signs applies to commercial messages. It does not apply to noncommercial messages.

(2)

Substitution of noncommercial speech for commercial speech. Notwithstanding anything in this article to the contrary, any sign erected pursuant to the provisions of this article may, at the option of the owner, contain a noncommercial message in lieu of a commercial message and the noncommercial copy may be substituted in whole or in part at any time in place of the commercial copy. The noncommercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a noncommercial message or from one (1) noncommercial message to another noncommercial message; provided, however, that there is no change in size, height, setback or spacing criteria contained in this article.

(3)

All interpretations of this article are to be exercised in light of the policies, purposes and intent set forth herein. Whenever a sign permit or other approval is subject to discretion, such discretion shall not be exercised as to the message content.

(n)

Yard signs.

(1)

No person shall place or erect a yard sign on any property owned by the federal government. State of New York, or school district, including the paved and unpaved rights-of-way.

(2)

No yard sign shall be placed on overpass or underpass vehicular bridges or other bridges.

(3)

No yard sign shall be placed on poles carrying utility lines, traffic signals, streetlights or telephone lines or on direction or traffic signs.

(4)

No yard sign shall be erected or placed as to obstruct or impair vision at any road intersection or the entrance to and exit from driveways.

(5)

The sign owner, the person erecting or placing the signs, the property owner and/or the property occupant(s) shall be responsible for violations of this subsection.

(6)

Yard signs shall be erected only with the permission and consent of the property owner or an agent of the owner.

Proof of such permission or consent may be requested by the code enforcement official.

(7)

Violations of the provisions of this section shall be subject to the penalties contained in this article.

(8)

No sign permit is required for yard signs.

(9)

Yard signs erected at any parcel within the town shall be permitted as follows:

a.

Yard signs erected shall not exceed six (6) square feet in area with no dimension exceeding forty-two (42) inches.

b.

Yard signs erected shall not exceed three (3) feet in height measured from the adjacent grade.

(10)

"Help wanted" or similar signs advertising open job opportunities shall be regulated as yard signs.

(o)

Roof signs are prohibited.

(p)

Abandoned signs and their supporting structure, shall be removed no later than six (6) months after the sign becomes abandoned.

(q)

Each permitted business use conducted within any building or upon any lot may have a business sign provided that no violations will be created by erecting any sign.

(r)

Except as otherwise allowed, not more than six (6) signs are permitted on any one (1) property. Exceptions:

(1)

Signs approved in conjunction with shopping plazas.

(2)

Signs indicating handicap accessibility features shall not be counted in this total.

(3)

Building identification signs, event notification signs, directional business signs, outdoor merchandise signs and other approved temporary signs shall not be counted in this total.

(4)

Signs required by governmental agencies shall not be counted in this total.

(5)

Properties with more than one (1) and less than five (5) nonresidential uses shall be permitted to have the number of signs as follows:

a.

Two (2) uses: A maximum of eight (8) signs on the property.

b.

Three (3) of four (4) uses: A maximum of ten (10) signs on the property.

(s)

Illumination of signs may be integral to the components, such as characterized by lamps or other light emitting devices; or it may be from an external light source designed to reflect off the display.

Illuminated signs shall be designed and installed so as not to produce glare, undue distraction, confusion, annoyance or hazard to the surrounding area or to vehicular traffic.

(1)

Illumination shall be the minimum necessary to accomplish the task of visibility.

(2)

Laser type lighting is not permitted for any illumination or for special effects advertising.

(3)

Except for businesses approved for 24-hour service, ground sign lighting shall be turned off daily no later than midnight and not reenergized until 5:00 a.m.

(t)

Except as otherwise allowed or prohibited, signs of a temporary nature, typically erected on construction sites, listing prospective occupant(s), contractors, owners, design teams, coming soon and other pertinent information, may be placed on premises as follows:

(1)

On properties where a valid, current building permit is in place, or construction or maintenance, for which a building permit is not required, is being conducted.

Exception: At a time prior to construction as permitted by the code enforcement officer.

(2)

Not more than two (2) signs may be used.

(3)

No sign shall be greater than fifty (50) square feet in area. In residential zoning districts, signs shall not exceed six (6) square feet in area, with no dimension exceeding forty-two (42) inches.

(4)

The sign shall not be lighted.

(5)

The sign shall be removed immediately upon completion of the project or the issuance of a compliance certificate or one hundred eighty (180) calendar days from the date of placement on site, whichever occurs first.

(u)

Except as allowed in this article, all permitted ground signs and monument signs shall be erected not closer than eight (8) feet to any front lot line and not closer than one (1) foot to any other lot line.

(v)

To increase the safety of patrons and employees, signs are not permitted to be located on, above or around motor fuel dispensing equipment.

Exceptions:

(1)

Signs, receiving property permits which are painted on the dispensing equipment.

(2)

Signs depicting prices for fuel.

(L.L. No. 2 of 2023, § 1; L.L. No. 3 of 2024, § 1; L.L. No. 7 of 2025, § 1, 9-24-2025)

(a)

Permitted signs. Signs shall be permitted as follows:

(1)

For sale or rent. One (1) sign not to exceed six (6) square feet located on the property being offered. The sign shall be located not less than one (1) foot from the front or side property line.

(2)

Permitted place of worship.

a.

One (1) ground sign not to exceed sixteen (16) square feet in area and eight (8) feet in height.

b.

One (1) wall sign not to exceed thirty-two (32) square feet in area.

c.

Signs may be manually activated changeable sign type.

(3)

One (1) temporary real estate development sign, not to exceed thirty-six (36) square feet, directing attention to a new residential subdivision.

Such sign shall require a permit issued by the code enforcement officer. The permit shall be issued for not more than twelve (12) months maximum and may be renewed one (1) time for an additional twelve (12) months, upon application.

(4)

Garage, tag, barn or similar temporary sale.

a.

Not more than three (3) signs, a maximum of three (3) square feet each, located on the property of the sale location.

b.

These signs shall not be permitted more than three (3) times per calendar year at any one (1) property.

(5)

Event notification signs.

a.

As approved by the code enforcement officer.

b.

Not to exceed three (3) square feet in area, when placed off site of the event.

c.

Not to exceed thirty-seven (37) square feet in area, when placed at the event site.

d.

Signs shall be removed within forty-eight (48) hours of the end time of the event.

(6)

Yard signs as permitted in section 5-124 (n).

(b)

General regulations. All signs, other than those listed above, shall be prohibited in an RA-1 zoning district.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Permitted signs. Signs shall be permitted as follows:

(1)

Customary home occupation.

a.

One (1) ground sign not to exceed six (6) square feet in area.

b.

One (1) wall sign indicating the business name and entrance, not to exceed two (2) square feet in area.

c.

One (1) sign indicating parking, not to exceed one (1) square foot in area.

(2)

For sale or rent. One (1) sign not to exceed six (6) square feet located on the property being offered. The sign shall be located not less than two (2) feet from the front or side property line.

(3)

Permitted place of worship.

a.

One (1) ground sign not to exceed sixteen (16) square feet in area and eight (8) feet in height.

b.

One (1) wall sign not to exceed thirty-two (32) square feet in area.

(4)

One (1) temporary real estate development sign, not to exceed thirty-six (36) square feet, directing attention to a new residential subdivision. Such sign shall require a permit issued by the code enforcement officer. The permit shall be issued for a period of twelve (12) months and may be renewed one (1) time for twelve (12) months, upon application.

(5)

Garage, tag, barn or similar temporary sale.

a.

Not more than three (3) signs a maximum of three (3) square feet each, located on the property of the sale location.

b.

These signs shall not be permitted more than three (3) times per calendar year at any one (1) property.

c.

These signs shall only be placed five (5) days prior to the sale date and during the hours of the sale.

(6)

Event notification signs.

a.

As approved by the code enforcement officer.

b.

Not to exceed three (3) square feet in area, when placed off site of the event.

c.

Not to exceed thirty-seven (37) square feet in area, when placed at the event site.

d.

Signs shall be removed within forty-eight (48) hours of the end time of the event.

(7)

Yard signs as permitted in subsection 5-124(n).

(8)

Multiple residence complex.

a.

One (1) ground sign to announce the name of the multiple residence complex, not to exceed sixteen (16) square feet in area and eight (8) feet in any direction.

b.

Directional business signs as approved by the code enforcement officer, not to exceed a maximum of six (6) signs.

c.

Building identification signs as approved by the code enforcement officer.

(b)

General regulations. Permitted signs shall conform to the following specifications:

(1)

No ground sign shall be constructed to a height greater than eight (8) feet.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Permitted signs. Signs shall be permitted as follows:

(1)

Customary home occupation.

a.

One (1) ground sign not to exceed six (6) square feet in area.

b.

One (1) wall sign indicating the business name and entrance, not to exceed two (2) square feet in area.

c.

One sign indicating parking, not to exceed one (1) square foot in area.

(2)

For sale or rent. One (1) sign not to exceed six (6) square feet located on the property being offered. The sign shall be located not less than two (2) feet from the front or side property line.

(3)

Event notification signs.

a.

As approved by the code enforcement officer.

b.

Not to exceed three (3) square feet in area, when placed off site of the event.

c.

Not to exceed thirty-seven (37) square feet in area, when placed at the event site.

d.

Signs shall be removed within forty-eight (48) hours of the end time of the event.

(4)

Yard signs as permitted in subsection 5-124(n).

(5)

Permitted place of worship.

a.

One (1) ground identification sign not to exceed sixteen (16) square feet in area and eight (8) feed in height.

b.

One (1) wall identification sign not to exceed thirty-two (32) square feet in area.

(6)

One (1) temporary sign/banner per business is allowed for a maximum of two (2) weeks not more than six (6) times per calendar year, not to exceed a maximum of thirty-seven (37) square feet in area.

(7)

Commercial uses.

a.

Ground signs.

1.

One (1) ground sign per lot, not to exceed twelve (12) feet in height.

2.

No ground sign shall be greater than sixteen (16) square feet in area.

3.

No ground sign shall have any dimension greater than ten (10) feet

b.

Wall signs.

1.

Not more than two (2) wall signs are permitted for each separate business occupancy located on any one (1) lot.

2.

No wall sign shall be greater than sixteen (16) square feet in area.

3.

No wall sign shall have any dimension greater than eight (8) feet.

(b)

General regulations. Permitted signs shall conform to the following specifications:

(1)

No ground sign shall be constructed to a height greater than eight (8) feet.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Permitted signs. Signs shall be permitted as follows:

(1)

Customary home occupation.

a.

One (1) ground sign not to exceed six (6) square feet in area.

b.

One (1) wall sign indicating the business name and entrance, not to exceed two (2) square feet in area.

c.

One (1) sign indicating parking, not to exceed one (1) square foot in area.

(2)

For sale or rent. One (1) sign not to exceed six (6) square feet located on the property being offered. The sign shall be located not less than two (2) feet from the front or side property line.

(3)

Event notification signs.

a.

As approved by the code enforcement officer.

b.

Not to exceed three (3) square feet in area, when placed off site of the event.

c.

Not to exceed thirty-seven (37) square feet in area, when placed at the event site.

d.

Signs shall be removed within forty-eight (48) hours of the end time of the event.

(4)

Yard signs as permitted in subsection 5-124(n).

(5)

Permitted place of worship.

a.

One (1) ground identification sign not to exceed sixteen (16) square feet in area and eight (8) feet in height.

b.

One wall identification sign not to exceed thirty-two (32) square feet in area.

(6)

One (1) temporary sign/banner per business is allowed for a maximum of two (2) weeks not more than six (6) times per calendar year, not to exceed a maximum of thirty-seven (37) square feet in area.

(7)

Commercial uses.

a.

Ground signs

1.

One (1) ground sign per lot, not to exceed twelve (12) feet in height.

2.

No ground sign shall be greater than twenty (20) square feet in area.

3.

No ground sign shall have any dimension greater than ten {10) feet.

b.

Walls signs.

1.

Not more than two (2) wall signs are permitted for each separate business occupancy located on any one (1) lot.

2.

No wall sign shall be greater than sixteen (16) square feet in area.

3.

No wall sign shall have any dimension greater than ten {10) feet.

c.

Changeable or electronic message type signs are permitted as follows: By a special permit issued by the town board. Electrically activated changeable signs and electronic message signs shall be lit with colors other than red.

Exception: Manually activated changeable signs are permitted to be installed where signs are permitted by this article.

(b)

General regulations. Permitted signs shall conform to the following specifications:

(1)

No ground sign shall be constructed to a height greater than eight (8) feet.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Gateway signs shall be approved by special permit from the town board.

(1)

The town board may request counsel and recommendations from the town planning board, the town zoning board of appeals or other town departments.

(b)

Gateway signs shall be installed in locations along major thoroughfares in the Town of Vestal as approved by the town board. Not more than four (4) gateway signs shall be permitted within the boundaries of the town.

(c)

Gateway signs shall adhere to all prescribed rules as noted on the gateway sign permit application, which may be amended from time to time as conditions warrant, and which shall be considered part of this local law for enforcement purposes.

(d)

The maximum height of any gateway sign structure shall not exceed ten {10) feet above adjacent grade.

(1)

The town board may approve other heights as deemed necessary.

(e)

Any electronically activated changeable sign, incorporated into the design of a gateway sign, shall not have a display area greater than eight (8) feet by twelve (12) feet.

(f)

The architectural design of the sign shall include the message, "Welcome to the Town of Vestal" or similar greeting as approved by the town board.

(g)

Gateway signs only, may contain messages which include announcements for events, products, professions, business and etc. that are not located on the property on which the sign is located.

(h)

Gateway signs shall be properly maintained or removed as directed by the town in addition to other portions of this article.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Permitted signs. The following signs shall be permitted for approved commercial/industrial uses in C-1, C-2, C-D, I and 1-D zoning districts as provided below:

(1)

Directional business signs shall not exceed four (4) square feet for each business referred to on the sign and shall not exceed sixteen (16) square feet for entire sign.

(2)

Each commercial or industrial tenant space shall be permitted one (1) sandwich board sign. This sign shall nor exceed six (6) square feet in area with no dimension exceeding forty-two (42) inches. The sign shall be located at the entrance to the tenant space. The sign shall not impede the required travel width of the walkway. If the sign impedes the required width, then the sign shall be prohibited. Sandwich boards shall not be located on other areas of the parcel.

(3)

One (1) sale sign not to exceed thirty-two (32) square feet shall be permitted to announce for sale or rent real property or any part thereof on which the sign is located.

(4)

Not in excess of three (3) signs not to exceed three (3) square feet each, advertising an open house, garage sale or similar purposes or advertising events, sales or activities of places of worship and other groups not operating for profit, provided that such signs are removed within seven (7) days of erection.

(5)

One (1) temporary sign/banner per business is allowed for a maximum of two (2) weeks not more than six (6) times per calendar year, not to exceed a maximum of thirty-seven (37) square feet in area.

(6)

One (1) outdoor merchandise sign for each type of merchandise legally for sale out-of-doors at the particular location.

a.

Such sign may be a detached, portable or ground sign and shall be allowed in addition to the sign area permitted by this article.

b.

Also permitted are such labels, tags, stickers, signs and printed packaging as may have been affixed to any merchandise at the time it was acquired by the seller.

(7)

Yard signs in the commercial and industrial zoning districts are prohibited except where approved by the code enforcement official.

(8)

Business signs, subject to the following: Exception: Signs in plaza.

a.

In the case of parcels with street frontage of one hundred (100) feet or less, the following applies: The total area of all permitted signs on the premises or parcel shall not exceed fifty (50) square feet.

b.

In the case of parcels with street frontage of at least one hundred (100) feet and not more than one hundred fifty (150) feet: The total area of all permitted signs on the premises or parcel shall not exceed seventy-five (75) square feet. Individual signs shall not exceed a total of fifty (5) square feet in area.

c.

In the case of parcels with street frontage greater than one hundred fifty (150) feet, the following applies: The total area of all permitted signs on the premises or parcel shall not exceed one hundred (100) square feet plus one-quarter (.25) of a square foot for each linear foot by which said street frontage exceeds one hundred fifty (150) feet, up to a maximum of two hundred (200) square feet of signs. Individual signs shall not exceed a total of one hundred (100) square feet.

(9)

Ground signs.

a.

No ground sign shall be erected to exceed a height of sixteen (16) feet above the level of adjacent grade.

b.

The bottom of any ground sign within fifteen (15) feet of the entrance or exit or property line which may interfere with the sight distance of persons entering or exiting or on the highway shall be installed to provide for adequate and safe visibility.

c.

Only one (1) ground sign structure is permitted or any property. Exceptions:

1.

Shopping plazas.

2.

A maximum of two (2) ground signs shall be allowed on properties with street frontage of more than one hundred fifty (150) feet.

d.

Adjoining business properties may erect a single joint ground sign structure which may be at the boundary of the two (2) properties.

1.

Such signs shall conform to all stated restrictions on ground signs and all restrictions on maximum size for any one (1) sign.

2.

No other ground sign structure is permitted to be erected on either of the properties sharing the joint ground sign.

(10)

Wall signs. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached.

Exception: Where there are practical difficulties determined, that create a hardship due to an inadequate amount of wall height, the code enforcement officer may issue a permit for the sign to extend not over two (2) feet above the top of the wall.

(11)

One (1) merchant/walkway sign per individual tenant space.

(12)

Electrically activated changeable or electronic message type sign as follows:

a.

Not more than one (1) sign is allowed for any individual business use.

b.

Not more than one (1) sign is allowed on any property.

c.

This type of sign is not allowed to be greater than forty (40) square feet in area and not greater than ten (10) feet in any dimension.

d.

The maximum height to the top of any electrically activated changeable sign and electronic message sign mounted as a ground sign, shall not exceed fifteen (15) feet from adjacent grade.

e.

Electrically activated changeable signs and electronic message signs shall be lit with colors other than red.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Approval to allow three (3) or more persons to erect a sign solely for directional or informational purposes may only be granted by the town board.

(b)

Costs incurred by the town board shall be borne by the applicant. These include, but are not limited to:

(1)

Advertising a meeting or hearing.

(2)

Property survey(s).

(3)

Technical support costs.

(c)

The proposed sign shall be of such character, intensity, size and location that it will be in harmony with orderly development of the district it is located in.

(d)

The town board may develop and dictate the type, size and architecture of the sign, which may be uniformly required throughout the town.

(e)

No other directions or information may be placed upon the sign other than outlined as follows:

(1)

The names of the persons located on the street or highway.

(2)

An indication of the geographical or commonly known designation of the area.

(f)

The written permission of the owner of the property on which the directional or informational sign is to be located shall accompany the application.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

All properties altered, reconfigured or reconstructed to meet the shopping plaza definition and shopping plazas constructed after August 1, 2010 shall be required to submit to the planning board for review and approval, a proposal for typical type, size and style of signs for that shopping plaza.

(b)

Unless approved by the ZBA, the plan shall not establish requirements for greater signage amounts than is set forth in this section.

(c)

After approval from the planning board, these submittals, as approved, shall dictate the permitted size and number of signs for the shopping plaza for each tenant space.

(d)

Signs for existing shopping plazas shall be allowed as follows:

(1)

Previously approved sign packages, formulas, ratios, size and quantity shall continue to be enforced unless there is a request by the property owner for approval of a new submittal to be reviewed as required in this article.

(2)

Wall signs. One (1) wall sign is permitted for each individual tenant space as allowed below:

a.

For tenant spaces with up to fifty (50) linear feet of store front width, wall sign length shall not exceed one-third (½) of the tenant store front width with a total sign area not to exceed forty (40) square feet and a total height not to exceed four (4) feet.

b.

For tenant spaces with greater than fifty (50) linear feet of store front width, wall sign length shall not exceed one-third (½) of the tenant store front width with a total sign area not to exceed seventy (70) square feet and a total height not to exceed five (5) feet.

Exception: Tenant spaces which include a corner of a building may have two (2) wall signs. One (1) sign placed on each store front width. The total square feet permitted for these two (2) signs is not allowed to be greater than one and one-half (1½) times the amount allowed for one (1) sign as determined in the paragraphs above.

c.

Electrically activated changeable signs and electronic message signs are permitted as wall signs only.

1.

This type of sign is not allowed to be greater than forty (40) square feet in area and not greater than ten (10) feet in any dimension or the size allowed for in this section, whichever is smaller.

2.

Not more than one (1) sign is allowed for any one (1) business.

3.

Electrically activated changeable signs and electronic message signs shall be lit with colors other than red.

d.

One (1) temporary banner per business is allowed for a maximum of two (2) weeks not more than six (6) times per calendar year, not to exceed a maximum of thirty-seven (37) square feet in area.

(3)

Ground signs. Ground sign structures are permitted at a shopping plaza as follows:

a.

For a shopping plaza with less than a total of five hundred (500) feet store front width, one (1) ground sign structure, located in the front year or at the primary shopping plaza entrance, is permitted to announce the plaza and individual tenants.

This sign shall not exceed ten (10) feet in width and twelve (12) feet in height. The sign shall not be located closer than eight (8) feet to the front property line, or as permitted by the planning board.

b.

For a shopping plaza with greater than five hundred (500) feet and less than one thousand (1,000) store front width, one (1) ground sign structure, located in the front yard or at the primary shopping plaza entrance, is permitted to announce the plaza and individual tenants.

This sign shall not exceed ten (10) feet in width and fifteen (15) feet in height.

c.

For shopping plazas with greater than one thousand {1,000) feet total store front width, one {l) ground sign structure located at the primary shopping plaza entrance, is permitted to announce the plaza and individual tenants.

This sign is not to exceed sixteen (16) feet in width and twenty {20) feet in height.

d.

Shopping plazas which have a secondary entrance for vehicular traffic may apply to the zoning board of appeals for approval of one (1) additional ground sign structure at that entrance.

(4)

One (1) merchant/walkwaysign per individual tenant space.

(e)

Pad site signs are permitted as follows:

(1)

Ground sign. A pad site building shall be permitted to have one (1) ground sign structure not to exceed twelve (12) feet in height, fifty (50) square feet in area and not exceeding ten (10) feet in any dimension. The sign shall not be located closer than eight (8) feet to the front property line, or as permitted by the planning board.

(2)

Wall signs.

a.

Wall signs are permitted on only two (2) sides of the building.

b.

Each wall sign length shall not exceed one-third (⅓) of the tenant store front width with a total sign area not to exceed forty (40) square feet and a total height not to exceed four (4) feet.

(3)

One (1) temporary sign/banner per business is allowed for a maximum of two (2) weeks not more than six (6) times per calendar year, not to exceed a maximum of thirty-seven (37) square feet in area.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)

(a)

Signs that are illegal, prohibited, unsafe, improperly secured or constitute a hazard or a menace to the public or have been constructed or erected in violation of this article or any other applicable local, county or state law shall constitute a violation of this article of the Code.

Each day that a violation continues shall be a separate offense.

(b)

Compliance orders.

(1)

The code enforcement officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of paragraph (a) of this section.

(2)

Upon finding that any such condition or activity exists, the code enforcement officer shall issue a compliance order.

(3)

The compliance order shall:

a.

Be in writing.

b.

Be dated and signed by the code enforcement officer;

c.

Specify the condition or activity determined to be in violation;

d.

Specify as necessary, the provision or provisions of the code(s) which is/are violated by the specified condition or activity;

e.

Specify the period of time which the code enforcement officer deems to be reasonably necessary for achieving compliance;

f.

Direct that compliance be achieved within the specified period of time.

g.

State that an action or proceeding to compel compliance may be instituted if compliance may be instituted if compliance is not achieved within the specified period of time.

(4)

The code enforcement officer shall cause the compliance order, or a copy thereof, to be served on the owner and/or property manager and/or permit holder and/or other responsible person, in a manner which reasonably apprises the alleged offender, which may include but not be limited to, regular mail, certified mail, personal delivery and posting on the property.

(5)

The code enforcement officer shall be permitted, but not required to, cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this section shall not affect the efficacy of the compliance order.

(c)

Appearance tickets. The code enforcement officer, any town police officer and each code inspector are authorized to issue appearance tickets for any violation of this article.

(d)

Civil penalties.

(1)

Any person who violates any provision of this article, or any term or condition of any sign permit, certificate of compliance, temporary certificate, stop work order or other notice or order issued by the code enforcement officer, shall be liable to a civil penalty of not more than two hundred dollars ($200.00) for each day or part thereof during which such violation continues.

(2)

The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of the town.

(e)

Injunctive relief.

(1)

An action or proceeding may be instituted in the name of the town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this article or any term or condition of any sign permit, certificate of compliance, temporary certificate, stop work order, or other order issued by the code enforcement officer pursuant to any provision of this article.

(2)

No action or proceeding described in this subsection (e) shall be commenced without the appropriate authorization from the duly elected town board.

(f)

Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this article.

(L.L. No. 2 of 2020, § 1; L.L. No. 3 of 2024, § 1)