Current through Register Vol. 46, No. 39, September 25, 2024
Any outdoor advertising sign within the controlled area,
except official signs, signs in areas certified in accordance with section
150.9 of this Part, and
on-premises signs in accordance with section
150.13 of this Part, shall be
registered with the New York State Department of Transportation in accordance
with the following provisions:
(a)
Registration application and permit.
(1) Any person, firm, corporation,
partnership or association, before erecting, maintaining or using any outdoor
advertising sign, must obtain a permit from the New York State Department of
Transportation.
(2) An application
for a permit may be obtained from the New York State Department of
Transportation, Real Estate Division, Building 5, State Campus, 1220 Washington
Avenue, Albany, New York 12232, or from a regional office of the Department of
Transportation located at:
Region 1
84 Holland Avenue
Albany, NY 12208
Region 2
Utica State Office Bldg.
207 Genesee Street
Utica, NY 13501
Region 3
Syracuse State Office Bldg.
333 East Washington Street
Syracuse, NY 13202
Region 4
1530 Jefferson Road
Rochester, NY 14623
Region 5
Buffalo State Office Bldg.
125 Main Street
Buffalo, NY 14203
Region 6
30 West Main Street
Hornell, NY 14843
Region 7
Watertown State Office Bldg.
317 Washington Street
Watertown, NY 13601
Region 8
4 Burnett Boulevard
Poughkeepsie, NY 12603
Region 9
Binghamton State Office Bldg.
44 Hawley Street
Binghamton, NY 13901
Region 10
New York State Office Bldg.
Veterans Highway
Hauppauge, NY 11787
The permit application shall be made available to an
applicant upon request, and must be completed in all respects by the applicant
or his representative. The applicant can be either the owner of the sign or the
land upon which the sign is to be located. The owner is responsible for
completing the required information and submitting the requisite number of
copies, together with the required permit fee, to either the New York State
Department of Transportation at the address indicated above or to the
appropriate regional office at the address indicated above.
(3) Each sign permit will be classified into
one of the following categories by the Department of Transportation:
(i) conforming sign;
(ii) nonconforming sign;
(iii) nonconforming grandfathered
sign;
(iv) on-premises
sign;
(v) landmark sign;
(vi) directional sign; or
(vii) illegal sign.
The reason for classification as an illegal sign will be
provided upon request to the applicant, along with a statement as to how the
sign may gain legal status where that possibility exists.
(4) No refund shall be made after
an application for a permit has been filed with the New York State Department
of Transportation.
(5) If an
outdoor advertising sign is erected prior to obtaining the permit required in
this section, a late filing permit charge of 10 percent of the regular annual
fee per month, for each month that such application is late, with a maximum of
$50, shall be imposed in addition to the regular annual fee.
(6) The application shall specify the
location where the sign is to be placed and maintained. If, after approval of
such application and the issuance of a permit hereunder, the sign is removed
from such location, such permit shall be thereupon null and void.
(7) A single application may cover a
back-to-back, side-by-side, double-faced, bottom-on-top, or V-type sign. A
separate fee, if applicable, shall be charged for each advertising
area.
(8) Where a permittee desires
to enlarge or reduce the surface area of a conforming advertising sign,
application for a new permit shall be made in the same manner as in the case of
an application for an original permit. Such application must be accompanied by
the required annual fee less the amount of annual fee which has already been
paid for such sign, except that there shall be no refund of any portion of an
annual fee if the surface area of the advertising display is reduced. Any sign
altered in such manner shall conform to all provisions of State law and their
regulations.
(9) If a permittee
adds one or more advertising surfaces to an existing conforming advertising
sign or structure for which he has a valid permit, he is required to apply for
a permit for such sign and pay the requisite fee for such permit as provided
for in this section. Any sign altered in such manner shall conform to all
provisions of State law and their regulations.
(10) In the event that the ownership of a
sign is changed, such new owner shall file an application and obtain a permit
under the provisions of this section within 60 days of the change of
ownership.
(11) Any sign which must
be registered under the provisions of this section which is in existence on the
effective date of this section shall have until January 1, 1979 to comply with
the provisions of this section.
(b)
Permit fees.
In connection with the issuance of permits hereunder for
outdoor advertising signs, the Commissioner of Transportation shall charge and
collect permit fees in accordance with the fee schedule set forth below.
(1) For an advertising sign within the
controlled area or protected area, the fee schedule is as follows for a single
facing of advertising, exclusive of border or trim. A fee is required for each
advertising face.
Annual Permit Fees
|
Size of Sign
Face |
Fee |
|
100 square feet or less |
$ 20 |
|
101-600 square feet |
50 |
|
601 square feet or more |
100 |
(2) No permit fee is required for a sign
classified as a directional sign or a landmark sign.
(3) All permit fees shall be annually based
and shall not be apportioned for any unused portion of a year.
(4) Inspection fee.
An inspection fee in the amount of $50 is required to be
submitted with each application. This fee is assessed to defray expenses
incurred by the department through the field inspection required to ascertain
conformance with State regulations. This fee is nonrefundable after an
inspection is made. The inspection fee does not apply to renewals or to
applications which do not require the payment of permit fees.
(c)
Renewal of permit and
fees.
(1) A permit issued under the
provisions of this section, unless such is revoked or cancelled, or becomes
null and void, may be renewed on an annual basis prior to the expiration date
(September first) of the permit or a renewal thereof.
(2) An application for renewal will not be
approved if it is altered from the original application, except for a change of
address of the permittee or a change in ownership of the land upon which the
sign is located. The location of the sign is subject to reinspection by the
Department of Transportation. If an application for the renewal of a permit is
made after the expiration date of the last valid permit or renewal, such
application shall be subject to late filing renewal charges of 10 percent of
the regular annual fee per month, for each month that such application is late,
with a maximum of $50, to be imposed in addition to the regular annual
fee.
(3) A permittee who fails to
renew a permit within 60 days of the expiration date shall be required to
remove the sign in accordance with section
150.12 of this Part.
(4) The renewal fee for a permit shall be
based on the annual rate, and applications for renewal will be accepted under
the same terms and conditions as the original permit application.
(5) No refund shall be made after an
application for a renewal has been filed with the New York State Department of
Transportation.
(d)
Identification of sign.
(1) The
name of the permittee shall be placed in a conspicuous position on the
advertising structure for which a permit has been issued within 30 days of the
date of issuance of the permit. Failure to affix such identification may result
in revocation of the permit in accordance with the provisions of subdivision
(f) of this section.
(2) Every sign
structure erected under this Part shall also have attached a permit plate which
will be issued by the State; said plate is to be firmly affixed to the sign by
the permittee in a place that is clearly visible from the traveled way of the
controlled highway.
(3) Whenever
the ground structure for a sign is not commenced within 60 days after the date
of issuance of the permit, the permittee shall post notice at the location of
the sign in a conspicuous manner indicating the name of the permit holder and
the permit number. Failure to comply with this provision may result in
revocation of the permit in accordance with the provisions of subdivision (f)
of this section.
(e)
Permit revocation.
A permit issued under this section may be revoked for cause
of any of the following reasons:
(1)
when any statement made in the application for the permit is false or
misleading;
(2) when any provision
of the outdoor advertising control statutes or the provisions of this Part are
violated;
(3) when any stipulation
made in connection with the granting of the permit is violated;
(4) whenever the advertising area utilized
for the display is in excess of that indicated in the permit;
(5) whenever a sign structure is not
maintained in a safe, sound and good condition;
(6) whenever the sign structure is being
maintained upon public property without the express permission of the
governmental body having jurisdiction over the area;
(7) whenever the sign structure is being
maintained without the consent of the owner of the property or the owner's duly
authorized agent;
(8) whenever a
sign status has changed under the provisions of the outdoor advertising control
statutes or the provisions of this Part; or
(9) whenever the Commissioner of
Transportation determines that a permittee authorized or conducted vegetation
control, as defined in Part 134 of this Title, without a permit issued pursuant
to Part 134 of this Title or in violation of the conditions or stipulations of
such a permit.
(f)
Notice of permit revocation.
(1)
Whenever it shall appear to the Department of Transportation that any permittee
is not complying with the provisions set forth in subdivision (e) of this
section, such permittee shall be given a written notice stating the nature of
the violation or offense, and within 30 days the permittee shall:
(i) cause the sign to come in full compliance
with the provisions of this Part if such sign is capable of complying;
or
(ii) remove the sign if it is a
prohibited sign; or
(iii) file a
protest in writing with the official or employee of the Department of
Transportation issuing the notice of revocation, stating the reason for the
protest. In addition, any such permittee may request a hearing. The filing of a
protest and/or request for a hearing does not abate or toll any penalties due
nor abrogate the right of the Commissioner of Transportation to remove any such
sign in accordance with the provisions of the outdoor advertising control
statutes, unless the permittee furnishes security guaranteeing compliance with
the provisions hereof of the kind and in the amount satisfactory to the
Department of Transportation.
(2) If the permittee files a protest but does
not request a hearing, the Commissioner of Transportation, or his designee,
shall carefully consider all available relevant information and thereupon make
a determination, in writing, confirming, modifying or vacating the original
notice of revocation.
(3) Whenever
a permit has been revoked, the holder thereof shall forthwith surrender the
same to the New York State Department of Transportation.
(g)
Hearings.
A hearing which is provided under the provisions of this
section shall be either:
(1) an
informal hearing before the Commissioner of Transportation, or his designee, in
the nature of a conference with or without legal or agency representation on
behalf of the licensee or permittee; or
(2) a formal hearing where evidence is
recorded in the same fashion as in a court proceeding, but whereat the parties
shall not be bound to strict interpretation of common law or statutory rules of
evidence. The hearing officer shall determine whether any evidence is
immaterial, irrelevant or unduly cumulative and should therefore be excluded,
but such hearing officer shall admit all testimony having reasonable probative
value to determine the matter. Each party shall have the right to present his
case or defense by oral or documentary evidence and to submit rebuttal evidence
and to conduct such cross-examination as may be permitted by the hearing
officer in an effort to obtain full and direct disclosure of all relevant
facts. After the parties have been given an opportunity to present their
evidence in support of or in defense of the issues of the matter, the record
shall be closed and the hearing officer shall make a final determination
notifying the permittee in writing of such determination.
