Bill S5166-2011

Authorizes commissioner of transportation to exempt certain signs from highway law

Authorizes commissioner of transportation to exempt certain signs from highway law.

Details

Actions

  • May 14, 2012: referred to transportation
  • May 14, 2012: DELIVERED TO ASSEMBLY
  • May 14, 2012: PASSED SENATE
  • Feb 13, 2012: ADVANCED TO THIRD READING
  • Feb 7, 2012: 2ND REPORT CAL.
  • Feb 6, 2012: 1ST REPORT CAL.176
  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 14, 2011: referred to transportation
  • Jun 14, 2011: DELIVERED TO ASSEMBLY
  • Jun 14, 2011: PASSED SENATE
  • Jun 7, 2011: ADVANCED TO THIRD READING
  • Jun 6, 2011: 2ND REPORT CAL.
  • Jun 2, 2011: 1ST REPORT CAL.950
  • May 3, 2011: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jun 2, 2011
Ayes (18): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky
Excused (1): Adams
VOTE: COMMITTEE VOTE: - Transportation - Feb 6, 2012
Ayes (18): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky
Ayes W/R (1): Adams

Memo

BILL NUMBER:S5166

TITLE OF BILL: An act in relation to authorizing the commissioner of transportation to issue a permit exempting certain signs

PURPOSE OR GENERAL IDEA OF BILL: This legislation will authorize the Department of Transportation (DOT) to rectify an unforeseen issue that resulted from the passage of the State Scenic Byway law within the City of Watertown.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Authorizes the commissioner of DOT to issue an exemption pursuant to section 342-I of the highway law for any sign that was constructed in reliance upon a building permit issued by the city of Watertown in 2008, provided application is made to the commissioner of transportation within 180 days of the effective date of this act.

Section 2 Directs the Commissioner of DOT to promulgate rules and regulations in regards to this exemption.

Section 3 This act sale take effect immediately.

JUSTIFICATION: As a result of the passage of the "Olympic Trail" law, some businesses in Watertown are facing expensive propositions to move "off-premise" signs. This legislation will authorize (DOT)to review this policy and may make certain exemptions if it will not impact federal funding for the Scenic Byway program.

Specifically, Arsenal Street in the city of Watertown is heavily commercial street with many signs 'advertising local businesses. However, depending upon the legal subdivision of the underlying land, two identical signs on two identical locations could be treated differently (i.e. one is authorized as an "on-premise" sign and one is prohibited as an "off-premise" sign). As a result, the law can be difficult even for the local government to administer and can have an unfair application to business owners and the local economy.

This bill will authorize DOT to grant a permit authorizing the continued use for signs that may have been classified as an "off-premise" sign but were already constructed in reliance on the issuance of a local building permit.

However, this law will give DOT the discretion to deny the permit if it determines, for example, that the issuance will result in a significant loss of federal funding for the Scenic Byway program. Therefore, this legislation balances the benefits of the Scenic Byway law while affording DOT the ability to provide equitable relief to local businesses that were unfairly aggrieved by the law.

PRIOR LEGISLATIVE HISTORY: S6758-A of 2010 Passed Senate

FISCAL IMPLICATIONS FOR STATE MID LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5166 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT in relation to authorizing the commissioner of transportation to issue a permit exempting certain signs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The commissioner of transportation is hereby authorized to issue an exemption pursuant to section 342-i of the highway law for any sign that was constructed in reliance upon a building permit issued by the city of Watertown in 2008; provided, application is made to the commissioner of transportation within 180 days of the effective date of this act. S 2. The commissioner of transportation shall promulgate rules and regulations specifying the proof required to establish reliance stated in section one of this act. S 3. This act shall take effect immediately.

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