Agenda: Ontario Town Workshop Time: 7:00 P.M, August 20, 2018 Location: Ontario Town Hall I. Call to Order II. Pledge of Allegiance III. Public Hearing: Local Law #3 IV. Comments from the Public V. Business a) Consideration to adopt Local Law #3 b) Consideration of Parks and Rec memo Bill Riddell c) Consideration of fireworks request Bill Riddell d) Consideration of Engineering Recommendation for Bear Creek Harbor Bill Riddell VI. VII. VIII. IX. Workshop Items a) Town Court Comments from the Public Appointments Executive Session/Adjournment FUTURE MEETINGS: August 27- Town Board Meeting September 10- Town Board Meeting
Sec. 1 Title BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ONTARIO, NEW YORK AS FOLLOWS: LOCAL LAW NO. 3 OF 2018: THE ADOPTION OF PROPOSED LOCAL LAW NO. 3 of 2018: AMENDING TOWN CODE SECTION 150-48, SIGNS This Local Law shall be known as Local Law No. 3 of 2018: Amending Town Code Section 150-48, Signs. Sec. 2 Statement of Purpose The purpose of this Local Law is to promote and protect the public health, safety and welfare by providing comprehensive time, place, and manner restrictions on signage, which shall include controls on size, height, quantity, location, spacing, shape, scale, lighting, motion, design, maintenance and appearance. Regulations apply to the physical aspects of the sign and not the content. The provisions of this Local Law are intended to ensure that all signs and advertising features: Sec. 3 (1) Are functional and compatible with the aesthetic appearance of the property/building on which they are located, the surrounding neighborhoods and the long-term vision of the Town as outlined in the Comprehensive Plan; (2) Serve to protect and enhance community appearance; (3) Protect the safety of motorists and pedestrians by reducing the frequency and magnitude of hazards caused by obstructions and distractions; (4) Preserve and create more-attractive business and residential environments; and (5) Are harmonious in color, size and material with the building to which they relate, thereby preserving the existing character of the community. Amendments to Town Code Section 150-48, Signs. The provisions of Town Code Chapter 150, Section 150-48, Signs, are amended to read as follows: Chapter 150. Zoning 1
Article VIII. Special Provisions Applicable in All Districts 150-48. Signs A. The following shall define words and phrases used in this section: EVENT Any happening or occurrence of a limited duration, including, but not limited to, the sale or lease of a property; a real estate development; meetings, conventions and other assemblies; an election; a referendum; a garage, estate or yard sale; the erecting or repairing of a structure on the premises; and the like. SIGN Any name, identification, description, display, illustration, symbol, logo, statue or device, illuminated or non-illuminated, which is visible from any public place, designed to advertise, identify or convey information, and/or used for the purpose of directing the public's attention to an object, product, service, place, activity, person, institution, organization or business. Displays of merchandise in storefront windows at regular mercantile establishments shall not be considered signs; however, a false window or window box affixed to the exterior of a structure is a sign. SUBSTANTIAL MODIFICATION Any change in the configuration, orientation, illumination, or purpose of the sign. SUBSTANTIAL RECONSTRUCTION The removal and replacement of more than 51% of the existing signage surface area or structural elements. TEMPORARY SIGN Any sign that is not otherwise permitted by this section. B. General Regulations: 1) Except as otherwise provided, no person shall erect, substantially modify, relocate or substantially reconstruct any sign, having an area of 32 square feet or more, without first obtaining a sign permit from the Code Enforcement Officer. The foregoing requirement shall not apply to a change in the content, only, of an existing sign. 2) All signs having an area of 32 square feet or more, and signs for two or more separate business establishments on the same lot or in the same building shall require approval of the Planning Board, either as part of site plan review or a separate sign plan review. In approving such signs, the Planning Board shall consider its location, color(s), lettering, size, overall design and its compatibility with the structures on the lot, adjoining lots and the neighborhood. 3) Except for signs erected by a governmental body or agency, all permitted signs shall be placed only on the property that relates to the purpose of the sign. 4) No sign permit shall be required for the repainting or repairing of a sign in conformance with the provisions of this section. 5) No sign shall interfere with a clear view of intersecting streets. 6) Except as otherwise required by this section, all signs shall be located at least 10 feet from any property line. 7) No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement. 2
8) No sign shall be flashing, revolving or mechanically animated. 9) The provisions of this section shall not apply to street identification numbers. 10) All signs, including their supports, shall be maintained in good repair and be in legible condition. The Code Enforcement Officer may order the removal of any sign that is not maintained in accordance with the provisions of this section. 11) Signs that are an original part of the architectural fabric of the structure, such as a date or name of building, may remain, without reduction in the number of signs or square footage of signs otherwise allowed. 12) No facade sign shall be erected or maintained a distance of more than 12 inches from the farthest front or face of a building. 13) Advertising display upon any structure shall be regarded as a sign subject to this regulation. The foregoing shall not apply to signs placed in windows. 14) No sign illumination, either internal or external, shall be erected or used so that light will directly reflect toward residences on adjoining lots, toward residential districts within 1,000 feet or toward a highway so as to create a traffic hazard. 15) No sign shall obstruct any fire escape, window or other opening used as a means of egress for fire-fighting purposes or for ventilation. No sign shall be placed on any sidewalk, hydrant, lamppost, tree, utility pole, fence or on other public property except as permitted by other provisions of this section. 16) No structural element of any sign (conforming or non-conforming) may be changed unless the resulting sign complies with the provisions of this section. 17) Any sign existing on or after the effective date of this section which no longer advertises an existing business conducted or product sold on the premises shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. The Code Enforcement Officer, upon determining that any such sign exists, shall notify the owner of the premises, in writing, to remove said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Code Enforcement Officer is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located. C. Regulations Applicable to All Zoning Districts: 1) Signs for Shopping centers: a) Shopping centers containing more than six business establishments and having over 50,000 square feet of gross floor area shall be permitted to have one shopping center identification sign, which must be placed at least 15 feet from the road property line, which must be freestanding, the area of which shall not exceed 125 square feet. Each single establishment shall be allowed one facade sign equal to 15% of the facade, not to exceed 125 square feet. 3
b) Individual service signs of one foot by four feet each, maximum, may be attached to the above allowed freestanding sign. The lettering shall be no more than eight inches high. 2) Directional or identification/announcement signs of schools, churches, service organizations or other nonprofit enterprises are permitted. Such signs shall not exceed 16 square feet in area and may be freestanding or attached to the building. 3) Signs at an entry street not exceeding 16 square feet, not exceeding 20 feet in height and placed at least 10 feet from the road property line are permitted for identification of residential subdivisions or multifamily developments. 4) Industrial parks and office complexes shall be allowed a freestanding sign, not to exceed 20 feet in height, placed at least 10 feet from the road property line. The sign shall be limited to 48 square feet, and an identification sign for each tenant, limited to four square feet, may be located on the freestanding sign. D. Allowed Signs in Rural and Residential Districts: 1) A single, non-illuminated sign of one face or two faces, identifying a permitted home occupation, which may not be more than two square feet in size on each face and may be six feet in height freestanding or eight feet in height attached to and parallel with a principal building facade. 2) Where products are grown on a premises and offered for sale, a single sign offering such products for sale, which may be illuminated by white light and may be six feet in height freestanding or eight feet in height when attached to the building and may not be more than six square feet in area on each face for the sale of products grown on the premises; except that on a corner lot, two such signs, one facing each street, are permitted. E. Allowed Signs in Business, Business Transitional and Industrial Districts: 1) Total permitted signage on a lot shall not exceed 15% of the area of the business portion of the building façade facing the street, except that buildings with a façade on Route 104 may have total signage not exceeding 20% of the road frontage on Route 104, if greater. 2) No single sign attached to a façade shall exceed 48 square feet and no single freestanding sign shall exceed 60 square feet. 3) A freestanding sign may not exceed 20 feet above finished grade. 4) A sign attached to a facade may not exceed 16 feet above finished grade and may not extend above the height of the building. 5) Overhanging signs are permitted only upon obtaining a Special Permit therefor pursuant to the provisions of 150(43)(E) of this chapter. 6) Signs may be illuminated, subject to the provisions of sub-section B(14) of this section. F. Exempt Signs: 1) The following types of signs are exempt from the provisions of this section, provided that such signs comply with the requirements of this sub-section: 4
a) Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations. b) Flags and insignia of any government. c) On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, and similar signs. d) Non-illuminated warning, private drive, posted or no-trespassing signs, not exceeding two square feet per face. e) On-premises sign, either freestanding or attached, in connection with any residential building in any district, for permitted professional offices or home occupations. Such sign shall state the name and vocation only. f)in non-residential districts, aerial searchlights, for a period of operation of no more than six hours per twenty-four hour period and not more than twice annually. g) Number and nameplates identifying residences, mounted on the house, apartment or mailbox, not exceeding one square foot in area. h) Lawn signs identifying residences, not exceeding one square foot per face. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon. i) Integral graphics or attached price signs on gasoline pumps at automotive service stations. j) Seasonal and holiday decorations, including lighting. k) Murals or similar designs, images, or expressions on the exterior of a building, generally for the purpose of decoration or artistic expression, including, but not limited to paintings, markings, and etchings, and does not include any on- or offsite advertisement for a commercial, industrial or other nonmunicipal entity, person or corporation. 2) Unless otherwise specified, all exempt signs shall conform to the following standards: G. Temporary Signs: a) The maximum height shall be four feet above grade. b) All exempt signs shall be a minimum of 10 feet from any property line. c) Maximum sign area per face: six square feet in R-1 and R-2 Districts; 16 square feet in all other districts, for a total of 32 square feet per lot. d) The maximum number of exempt signs is four per lot. 1) Temporary signs may not be erected in any public right-of-way or on public property, including on trees, fences, utility poles, bridges, fire hydrants or traffic signs located on such public right-of-way or public property. 5
2) Temporary signs shall not be located within 10 feet of the edge of pavement, and in no way shall they interfere with or obstruct the view or free passage of pedestrian or vehicular traffic, or obstruct any fire hydrant. Sec. 4 3) The owner and/or occupant of the property on which such signs are erected and/or displayed shall consent to the erection of such signs and shall be responsible for their removal. 4) Temporary signs allowed by this section specifically do not include signs for the sale of goods or merchandise of any business. 5) Temporary signs may not be illuminated. 6) In residential districts, the amount of temporary signage that may be erected per lot at any time shall not exceed four signs. No one sign shall exceed eight square feet, and the total signage shall not exceed 32 square feet. 7) In nonresidential districts, the amount of temporary signage that may be erected per lot at any time shall not exceed four signs. One sign may be up to 12 square feet. All remaining signs shall not exceed eight square feet, each, and the total signage shall not exceed 32 square feet. 8) Temporary signs relating to an event shall be removed by the owner or occupant of the property no later than four days thereafter. H. Nonconforming signs: 1) Upon the adoption of this section, any sign which does not conform to the provisions of this section in terms of location, area, illumination, type, or height shall be considered a non-conforming sign. 2) All non-conforming signs shall be subject to the provisions of Article IX of this chapter. Severability If any clause, sentence, phrase, paragraph or any part of this Local Law shall for any reason be adjudicated finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Local law, but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof, directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this Local Law would have been adopted had any such provision been excluded. Sec. 5 Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State. 6
At a Regular Meeting of the Town Board of the Town of Ontario, New York held at the Town Hall, Ontario, New York, on the 20th day of August, 2018. PRESENT: Frank Robusto, Supervisor Joseph Catalano, Councilman Richard Leszyk, Councilman Scott TeWinkle, Councilman Jason Ruffell, Councilman ABSENT: None In the Matter of THE ADOPTION OF PROPOSED LOCAL LAW NO. 3 OF 2018: AMENDING TOWN CODE SECTION 150-48, SIGNS Adoption Resolution WHEREAS, true and correct copies of proposed Local Law No. 3 of 2018: Amending Town Code Section 150-48, Signs, were placed upon the desks of all members of the Town Board of the Town Board, New York, more than seven (7) calendar days, exclusive of a Sunday, prior to the 20th day of August, 2018; and WHEREAS, there was duly published in a newspaper previously designated as an official newspaper for publication of public notices, and posted upon the bulletin board maintained by the Town Clerk pursuant to 40(6) of the Town Law, a notice of public hearing to the effect that the Town Board would hold a public hearing on the 20th day of August, 2018, at 7:00 P.M., Local Time, at the Town Hall, 1850 Ridge Road, Ontario, New York, on said Local Law No. 3 of 2018. WHEREAS, the said public hearing was duly held on the 20th day of August, 2018, at 7:00 P.M., Local Time, at the Town Hall, Ontario, New York, and all persons present were given an opportunity to be heard, whether speaking in favor of or against the adoption of said Local Law No. 3 of 2018; and WHEREAS, subsequent to the closing of said public hearing, and after all persons interested had been heard, the Town Board considered the adoption of said Local Law No. 3 of 2018; and 1
WHEREAS, the Town Board issued a Negative Declaration of Environmental Significance, pursuant to SEQRA, on August 20, 2018; WHEREAS, it was the decision of the Town Board that said Local Law No. 3 of 2018 should be adopted; NOW, on a motion duly made and seconded, it was RESOLVED, that Local Law No. 3 of 2018: Amending the provisions of Town Code Section 150-48, Signs, be adopted by the Town Board of the Town of Ontario, New York, to read as annexed hereto; and it was further RESOLVED, that within twenty (20) days subsequent to the date of this Resolution, there shall be filed with the Secretary of State one certified copy of said Local Law No. 3 of 2018. Said matter having been put to a vote, the following votes were recorded: Frank Robusto Joseph Catalano Richard Leszyk Scott Tewinkle Jason Ruffell The Resolution was thereupon declared duly adopted. DATED: August 20, 2018 Debra DeMinck, Town Clerk I, DEBRA DEMINCK, Town Clerk of the Town of Ontario, New York, DO HEREBY CERTIFY that I have compared a copy of the Resolution as herein specified with the original in the minutes of the meeting of the Town Board of the Town of Ontario and that the same is a correct transcript thereof and the whole of the said original. IN WITNESS WHEREOF, I have hereunto set my hand this day of August, 2018. Debra DeMinck, Town Clerk 2
At a Regular Meeting of the Town Board of the Town of Ontario, New York held at the Town Hall, Ontario, New York, on the 20th day of August, 2018. PRESENT: Frank Robusto, Supervisor Joseph Catalano, Councilman Richard Leszyk, Councilman Scott TeWinkle, Councilman Jason Ruffell, Councilman ABSENT: None In the Matter of THE ADOPTION OF PROPOSED LOCAL LAW NO. 3 OF 2018: AMENDING TOWN CODE SECTION 150-48, SIGNS SEQRA RESOLUTION WHEREAS, true and correct copies of proposed Local Law No. 3 of 2018: Amending Town Code Section 150-48, were delivered to each member of the Town Board; and WHEREAS, due consideration has been given to the adoption of said proposed Local Law No. 3 of 2018, by all members of the Town Board who were present; and WHEREAS, it was the considered opinion of all members of the Town Board who were present that a public hearing should be held on the 20th day of August, 2018, at 7:00 p.m. at the Town Hall, 1850 Ridge Road, Ontario, New York, to consider the adoption of said proposed Local Law No. 3 of 2018; WHEREAS, a single agency review of the SEQRA issues for the proposed Local Law No. 3 of 2018 by the Town Board was conducted; and WHEREAS, a public hearing was held on August 20, 2018, at which time all interested parties wishing to speak on the proposed amendment were heard; and WHEREAS, a Short Environmental Assessment Form has been prepared and carefully reviewed by the Town Board and is attached hereto; and WHEREAS, the Short Environmental Assessment Form failed to identify any significant adverse environmental impacts associated with the proposed Local Law No. 3 of 2018; 1
NOW, THEREFORE, be it RESOLVED, that the Ontario Town Board, upon consideration of all written and oral submissions, public comment, comment from appropriate agencies, as well as the Short Environmental Assessment Form, and upon having given this matter due deliberation and consideration, finds that Local Law No. 3 of 2018 and the proposed amendment of the Town Code to amend the provisions relating to signs in all Zoning Districts will have no significant adverse impact on the environment; and be it further RESOLVED, that the Town Board issues a Negative Declaration for the adoption of proposed Local Law No. 3 of 2018. Said matter having been put to a vote, the following votes were recorded: Frank Robusto Joseph Catalano Richard Leszyk Scott Tewinkle Jason Ruffell The Resolution was thereupon declared duly adopted. DATED: August 20, 2018 Debra DeMinck, Town Clerk I, DEBRA DEMINCK, Town Clerk of the Town of Ontario, New York, DO HEREBY CERTIFY that I have compared a copy of the Resolution as herein specified with the original in the minutes of the meeting of the Town Board of the Town of Ontario and that the same is a correct transcript thereof and the whole of the said original. IN WITNESS WHEREOF, I have hereunto set my hand this day of August, 2018. Debra DeMinck, Town Clerk 2
NTARIO WAYNE COUNTY S COMMUNITY OF GOOD NEIGHBORS TOWN OF MEMORANDUM: PR28-2018 TO: FROM: RE: Ontario Town Board William I. Riddell, Parks & Recreation Director Fireworks Display DATE: August 16, 2018 I am formally requesting permission to authorize a firework show at Casey Park on Saturday August 25th as part of the Summer Send-Off festival. The funds have been budgeted for in the account A-7550.4. The vendor will be Young Explosives. We have required and received their insurance certificate. I respectfully request. Frank Robusto, Town Supervisor Scott TeWinkle, Town Board Rick Leszyk, Town Board Jason Ruffell, Town Board Joseph Catalono, Town Board
TOWN OF NTARIO WAYNE COUNTY S COMMUNITY OF GOOD NEIGHBORS MEMORANDUM: PR29-2018 TO: FROM: RE: Ontario Town Board William I. Riddell, Parks & Recreation Director Engineering Recommendation for Bear Creek Harbor: FEMA Restoration project DATE: August 16, 2018 For the past six months the town has been working with FEMA on a re-development plan for Bear Creek Harbor. Due to the high water occurrence in 2017 the boat launch located on the western side of the creek has fail. As the board knows the boat ramp was starting to show its age but the high water occurrence made the eastern portion of the ramp completely fail. FEMA is requiring an engineering report and estimate. This is necessary to move forward with the boat launch repair. FEMA is scheduled to cover 75 percent of the total reconstruction cost. In addition to the funds FEMA will reimburse the town, New York State will reimburse the Town 12.5 percent. The total reimbursement will be 87.5%. At this time I am recommending that the town enters into an agreement with the MRB for the necessary engineering for the re-development of Bear Creek Harbor boat launch. The initial engineering to be completed to fulfill FEMA s current requirement is estimated to cost $7,500 The proposal from MRB is attached. The funds cannot be allocated out of the Parkland Development Fund. This fund is restricted to costs directly associated with the development or purchase of parkland or parkland improvements. In order to qualify for FEMA and New York State funds this project was correctly classified as a repair or maintenance issue. I am recommending at this time a new fund, possibly H83 named Bear Creek Boat Launch Recovery Fund, be developed and funded to a $7,500 level. This would allow for easier accounting when it is time for the FEMA and New York State reimbursement to occur. Respectfully Submitted