NY Env Conserv L § 43-0115 (2021)
2021 New York Laws ENV - Environmental Conservation Article 43 - Lake George Park Commission 43-0115 - Restrictions on Use of Signs and Advertising Devices.

§ 43-0115. Restrictions on use of signs and advertising devices.   1.  In  order  to  preserve and enhance the natural beauty of the Lake George park, to protect and conserve the  investment  of  the  state  in forest  lands,  islands,  state  campsites  and  other interests in real property in said park; to preserve and regulate the said park for public uses for the  resort  of  the  public  for  recreation,  transportation, pleasure,  air, light and enjoyment and to keep it open, safe, clean and in good order for the welfare of society and to prevent the unrestricted use of signs, and advertising structures and devices in  said  park,  no person,   partnership,  association  or  corporation  shall,  except  as provided in subdivisions  two  and  three  of  this  section,  erect  or maintain  or  allow to be erected or maintained within the boundaries of the Lake George park any advertising sign or  advertising  structure  or device  of  any  kind, except under written permit from Lake George park commission.   2. The provisions of this section shall not apply to:   a. Signs erected or maintained upon a parcel of land used for business purposes  in  connection  with  the  principal  business  or   principal businesses conducted thereon, provided that:  (1)  Not  more than two such signs are erected on such parcel of land, and such signs are located at least fifty feet apart, and  (2) No such sign has an area of more than forty-eight square feet, and  (3) No such sign extends more than twenty feet above ground level, and  (4) No such sign is placed within ten feet of a highway right of  way, and  (5)   No   such  sign  is  illuminated  by  or  contains  a  flashing, intermittent, rotating, or moving light or lights, and  (6) No such sign moves or the visible  portion  thereof  contains  any moving or animated parts.   b. A sign erected or maintained within an incorporated village.   c.  A  sign  erected  by  the  state, a county, a town or an agency or department thereof.   3. To effectuate the purposes enumerated  in  subdivision  1  of  this section,  the  commission  shall  establish  uniform  written  rules and procedures for the application for  and  granting  of  permits  for  the erection or maintenance of signs, advertising structures and devices for which  permits  are  required to be obtained from it under this section. Such rules and procedures shall contain provisions for the  granting  of the  requisite permit for any such sign, advertising structure or device erected prior to the effective date of this section for a period of time not exceeding the remaining or undepreciated useful life of  such  sign, advertising   structure  or  device  as  determined  by  an  appropriate depreciation formula, provided that no  such  sign  shall  be  permitted after July 1, 1973. For such purpose, until July 1, 1973, the commission shall  authorize  the  use  of  a  formula  commonly used for income tax purposes or the depreciation formula used in the depreciation  schedules of  the  income  tax  returns  of  the  owner  of such sign, advertising structure or device.   4. Any action of the commission by which an application for  a  permit under  this  section  is  denied  shall  be  reviewable  pursuant to the provisions of article 78 of the Civil Practice Law and Rules.