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2012-05-01 05/01/2012 02:00 8454858583 TOWN CLERK'S OFFICE PAGE 02 SUSAN J. MILLER ONEOVEROCKERROAO POUGHKEEPSIE, NY 12603 Town of CPough~epsie . OFFICE OF TOWN CLERK PHONE: (845)485--3620 FAX: (845)485-8583 May 1 st, 2012 Dutchess CoWJ,ty Dept of Planning Dutchess County Legislature Ulster County Legislature NYS Dept of Transportation Town Plannine Department Town Planning Board (Via E-Mail) Town Zoning Department Town Zoning Board (Via E-Mail) Town ClerJc:, Town of Pleasant Valley i City Clerk, Poughkeepsie, New York Town Clerk, Town of Lagrange Town Clerk, ToWtJ of Hyde Park Town Clerk, Town of WappiDgcr To'WI1 Clerk, Village ofWappingcrs Falls Town Clerk, Town of Marlborough Town Clerk, town of Lloyd NOTICE IS HEREBY GIVEN, pulSU8.Irt to Secti0ll239 oftbe General MUDicipal Law, that the Town Board, Town of Poughkeepsie does hereby set a public hearing on Wednesday, May 23, 2011 at 7:00 p.~ re~atdiDg amendments to Chapter 210 of tile ~ng Law in regai'd to reg'ulations pCrtaining to signs. Plclllle find copies of Resolution 4:25- # 2 of2012 and also the Public Hearing notice for youtrevit'W and recommendation. ' ~~~ Felicia Salvatore Deputy Town Ckrk Town oCPOUghkeepsie ,i ~own of CFoug liksepsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845}485-3620 FAX: (845}485-8583 May 1 st, 2012 Dutchess County Dept. of Planning Dutchess County Legislature Ulster County Legislature NYS Dept. of Transportation Town Planning Department Town Planning Board (Via E-Mail) Town Zoning Department Town Zoning Board (Via E-Mail) Town Clerk, Town of Pleasant Valley City Clerk, Poughkeepsie, New York Town Clerk, Town of Lagrange Town Clerk, Town of Hyde Park Town Clerk, Town of Wappinger Town Clerk, Village ofWappingers Falls Town Clerk, Town of Marlborough Town Clerk, Town of Lloyd NOTICE IS HEREBY GIVEN, pursuant to Section 239 of the General Municipal Law, that the Town Board, Town of Poughkeepsie does hereby set a public hearing on Wednesday, 23, 2012 at 7:00 p.m. regarding amendments to Chapter 210 of the Zoning Law in regard to regulations pertaining to signs~ Please fmd copies of Resolution 4:25- # 2 of2012 and also the Public Hearing notice for your review and recommendation. Sincerely, ~. Felicia Salvatore Deputy Town Clerk Town of Poughkeepsie lR le ~ feUWl[E[O) 7 MAY 01 2012 TOWN OF WAPPINGER l TOWN CLERK .... RESOLUTION 4:25 . # Q... of 2012 Town of Poughkeepsie Town Board Amendment to Chapter 210, "Signs" WHEREAS, the Town Board has received a communication from the Director of Municipal Development recommending amendment of Chapter 210 of the Zoning Law in regard to regulations pertaining to signs; and WHEREAS, the amendment would add new definitions and regulations pertaining to Electronic Message Display Signs, and includes other technical amendments to the sign regulations; and WHEREAS, the amendment is attached hereto and incorporated herein and the Town Board does hereby waive a verbatim reading of said amendment and does direct that said amendment be spread across the record as if it, in fact, had been read verbatim; and WHEREAS, the action to amend the Zoning Law is an Unlisted Action under the New York State Environmental Quality Review Act; and. WHEREAS, the Town Board has determined that the proposed amendment must be referred to the Dutchess County Department of Planning and Economic Development and to the Town Planning Board for review and recommendation; and WHEREAS, the amendment of Chapter 210 requires a public hearing. NOW, THEREFORE BE IT RESOLVED THAT: 1. The Town Board hereby states that because only the Town Board can consider and adopt changes to the Town Code that it is the only involved agency, and the Board hereby declares that it is the Lead Agency for purposes of coordinating the environmental review of this matter pursuant to Article 8 of the Environmental Conservation Law; and 2. The Town Board hereby sets a public hearing on the proposed amendment to Chapter ~210 of the Town Code for May 23, 2012, at 7:00 PM, or as soon thereafter as the matter may come to be heard, in the Town Hall, One Overocker Road, Poughkeepsie, New York; and 3. The Town Board refers this matter to the Dutchess County Department of Planning and Economic Development for a recommendation pursuant to GML 239-m; and 4. The Town Board refers this matter to the Planning Board for an advisory report pursuant to Town Code Sections 210-154. 5. The Town Board directs the Town Clerk to notify the Town Clerks of the surrounding Towns, the Chamberlain of the City of Poughkeepsie, and the Clerk of the Village of Wappinger Falls of the public hearing pursuant to GML 239-nn. Dared: ~b a~~ Moved By: -- n -~. .J)' ~ Seconded By: MIJn uQJ Qe...brA l.../ a Ayes ~ Nays 0 JEN/meh t-3/28/2012 m-4/25/2012 AYE NAY Councilman Baisley Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilwoman Shershin Supervisor Tancredi G:\mllega1\r\.2012\.apr\4-25tbmtg\Sign variance amendment resolution 032412.doc 2 BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows: 1. Article IX of Chapter 210 ofthe Town of Poughkeepsie Zoning Code entitled "Signs" is here by amended as follows: 2. Add new definitions to ~21O-9 as follows: "SIGN. ELECTRONIC MESSAGE DISPLAY - a type of sign capable of animated displav words. symbols. figures or images that can be electronicallv or mechanicallv changed bv remote or automatic means. Sign which emvlov light-emitting diode (LED) technology are included as a form of electronic message display sign." "SIGN. MANUAL CHANGEABLE COPY - Anv sign that includes copv.letters. numbers. or symbols that is designed to be changed through manuaL mechanical. or other non-digital means." "SITE - A cluster or grOUP of uses occuPYing one or more buildings on a single parcel. or on contiguous parcels. as an approved common vlan. and that mav include shared facilities such as parking and pedestrian crossings." 3. Amend ~210-118(G) as follows: "Revocation of permit. In the event of a violation of any of the provisions of this article, the Zoning Administrator shall give written or personal notice, specifying the violation to the named owner of the sign and owner of the land, to correct said violation or remove such sign. Correction of violation, by change, repair or removal, etc., shall be performed within five (5) -M-days from date of notice." 4. Amend ~210-119(A) as follows: "Any sign existing on or after the effective date of this chapter, which no longer identifies an existing business conducted or product sold on the premises due to the cessation or change of the business., llnd wmeh is net app:ro'1od as part of a valid site ~ shall be removed by the owner of the premises upon which such sign is located within 30 days ofthe cessation or change of business or use. Anv variance lp'anted for anv sign removed or required to be removed pursuant to this section shall be null and void upon the cessation or chane-e of business or use for which said variance was ~anted. The Zoning Administrator, upon determining that any such sign exists, shall notify the owner of the premises, in writing, to remove said sign within 30 days 1 Town Board Review April 25, 2012 from the date of such notice. In the event that a lease or a contract between the owner of land and the owner of a sign exists on the date of violation notice, the owner of land shall notify the owner of the sign of the notice of removal and direct that the sign be removed. Failure to comply will result in the proper legal action being taken by the Zoning Administrator." 5. Amend ~210-122(A)(3) as follows: "Moving- sirns. including any sirn which has visible moving- parts. visible revolving- parts. visible mechanical movement. or other visible movement achieved bv electrical. electronic or mechanical means. including- f1ashin~. intermittent. rotating- lights and anv movement caused bv normal wind current. Sigoo that mo".'e or have mo';mg- parts 8::Iid 1'evolving- oibIlS." 6. Delete S210-122(A)(1l) in its entirety as follows: "/'.. oibIl that io ill1HB.inated by 01' eontaiRs floohing-, iH.,tc1'mitten:t, rotating- or movinb lighto exeept to show time, date anelJo1' temperat1:J:l'e." 7. Add a new section S21O-123.1 entitled "Electronic Message Display Signs" as follows: ''Purpose. The reg-ulations contained in this section shall applv to all Electronic Messae:e Displav (''EMD'') sirns and all zoning- districts. A) EMD sirns are prohibited in all residential districts. center and hamlet districts. and the BN District. B) No more than 30% percent of the total square footag-e ofanv sirn mav be devoted to EMD signage. c) EMD signag-e shall contain a static messag-e onlv. and shall not have movement. or the appearance or the illusion of movement. of anv part of the sign structure. design. or pictorial see-ment of the sign including- the movement or any appearance of movement of anv illumination or the flashing-, scintillating-. or varving- oflig-ht intensity. D) With the exception of "time and temperature" messag-es. anv EMD message shall be disolaved for no less than 24 hours without change. 2 Town Board Review April 25, 2012 E) Anv chanee of messaee shall be completed immediately without vauses and all parts of the messaee shall chanee sim ultaneouslv. F) No EMD sim shall include any audio messaee. G) One EMD is permitted per site. ill A minimum distance of 400 feet shall be required between an EMD and another EMD. I) All EMD siens shall contain a default mechanism that will cause the sign to revert immediately to black screen if the sign malfunctions. J) The owner of the EMD sign must reeister with Amber Alert and shall be required to display all Amber Alert messaees when requested to do so. K) EMD signs are not permitted as wall. window. or proiecting sims. L) All COPy. characters or other chaneeable images shall be one color only with light copy on a dark backeround. M) EMD signs shall utilize automatic dimming technologY. as certified bv the manufacturer. to adiust the brie:htness of the sien relative to ambient light so that no time shall a sien exceed a brightness level of two tenths (0.2) foot candles above ambient lie:ht measured at the nearest property line. N) Enforcement. To assure that lie:ht emanating from any EMD does not adversely affect neighborine: properties or visually interfere with motorists. pedestrians and neie:hborine property owners. the Zonine Administrator shall have the authority to require changes to any EMD device that in the opinion of the Zonine: Administrator. is malfunctioning or operated in a manner that causes or creates excessive glare or intensity of lieht. visual interference or blind spots. Such changes may include. but are not limited to. requiring that the EMD device be turned off. or requiring the installation of lower wattaee bulbs. or requiring that the device be fitted with shields to deflect light. or such other changes as may be required to eliminate the offendine: condition. Failure to implement the chane:es as directed bv the Zonine: Administrator shall be a violation of this section. and of any permit or approval eranted under this section. 3 Town Board Review April 25, 2012 0) Non-conformin~ EMD si~ns. Non-conforming EMD signs shall conform to &21O-122(A)(I) through (12). and with &210-123.1 sub-para~aphs "C". "D". "E". '7'. "G". "J". "K". "M". and "N" no later than six (6) months from the date of adoption of this section." 8. Amend ~21O-128(B) as follows: "Freestanding signs. One freestanding sign with an area not to exceed 50 square feet at each drivewav entrance is allowed pel' lot. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board." 9. Amend ~21O-128(B) as follows: ''Freestanding signs. One freestanding sign at each drivewav entrance to a shopping centerwhieh shall advertise the name oitha eenter only, not exceeding an area of 100 square feet is permitted, io allowed per shop)3ing eenter. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, briek or other natural material as approved by the Planning Board." 10. Add a new paragraph "X" to ~210.131 as follows "Scoreboards. traffic control devices and ~asoline price signs are exempt from the provisions of 210-123.1. However. in no case shall the display of gasoline prices scroll. move or appear to move." 11. Delete ~21O-131(C) as follows: "Permanent monument signs as part of a daee:!'ative entfj"'l'l'ay for pedestrian or vehieular traffie." 12. Delete ~210-13I(Q) as follows: "Signs direetiRg motensts or peaeatriane shall be allowed, provided that suell sign ohill not exeeed four sEfl::l9.l'e feet in area and include only direetioaal iRf'ormatiea. Lobos or ether farms of advertiaomont shall be permitted OR diroetional siblliJ. .^~ oign permit shall be l'e(fwed fer saM sign blit ao fee is reEl-1::1:l:Ped.." 4 Town Board Review Apri125,2012 617.20 SEQR Appendix C State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be completed bv Aoolicant or Proiect soonsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME Town Board of the Town of Poughkeepsie Electronic Message Display Sign Regulations 3. PROJECT LOCATION MUNICIPALITY Town of Poue:hkeepsie COUNTY Dutchess 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town of Poughkeepsie, Dutchess County, New York 5. IS PROPOSED ACTION: o New o Expansion . Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Town Board action to amend Chapter 210, Article IX of the Town Code to add new definitions and regulations pertaining to Electronic Message Display Signs, and includes other technical amendments to the sign regulations. 7. AMOUNT OF LAND AFFECTED: Initially Town-Wide Ultimately Town-Wide 8. WILL PROPOSED ACTION COMPL Y WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . Yes o No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROEJCT? . Residential . Industrial . Commercial . Agriculture . ParklForest/Open Space . Other Describe 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY, FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes . No If Yes, list agency(s) and permit/approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes . No If Yes, list agency(s) and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes . No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: If the action is in the Coastal Area, and you are . state agency, complete the Coastal Assessment Fonn before proceeding with this assessment PART II-ENVIRONMENTAL ASSESSMENT ITo be comnleted bv .Aeencv) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes . No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes . No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) a. Exic;tingair quality, surface or groundwater quality or quantity, noise levels, existing traflicpatterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: The action is a modification of local zoning regulations in regard to Electronic Message Display signs to establish regulations for such signs and including technical corrections to the sign regulations in general. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: The action is a modification of local zoning regulations in regard to Electronic Message Display signs to establish regulations for such signs and including technical corrections to the sign regulations in general. O. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: The amendments would not authorize the approval or construction of any sign, and individual review of any signs must still be undertaken. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. The action is a local code amendment to regulate Electronic Message Display signs and make technical corrections to the Town's sign regulations. (5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. None identified. C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. None identified. 0. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. None identified. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? DYes . No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMP ACTS? D Yes . No If Yes, explain briefly: PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary. add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. D Check this box if you have identified one or more potentially large or significant adverse iinpacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. . Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead AgencY Title of Responsible Officer Print or Type Name of Responsible Officer in Lead AgencY Signature of Preparer (If different from responsible o!licer Signature of Responsible Officer in Lead AgencY Date 2 LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Poughkeepsie does hereby set the 23rd day of May, 2012 at 7:00 P.M. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as the time date and place of a public hearing to consider an amendment to the Poughkeepsie Town Code, Chapter 210 of the Zoning Law in regard to regulations pertaining to signs. The amendment would add new definitions and regulations pertaining to Electronic Message Display Signs and include other technical amendments to the sign regulations. AND PLEASE ALSO TAKE FURTHER NOTICE that said amendment is available to preview in the Town Clerk's Office located at One Overocker Road, Poughkeepsie, New York, between the hours of 8:00 A.M. - 4:00 P.M., Monday thru Friday. AND PLEASE TAKE FURTHER NOTICE, that the Town Board of the Town of Poughkeepsie does determine that this action is a Unlisted Action under the New York State Environmental Quality Review Act; and ALSO PLEASE TAKE FURTHER NOTICE that, if adopted, said local law shall become effective immediately upon filing with the Secretary of State. Susan J. Miller, Town Clerk Town of Poughkeepsie May 1 st, 2012