Registration of Outdoor Advertising Companies

RCNY tit. 1, ch. 49, subch. B

in effect

1 RCNY § 49-11 Effective Dates.

§ 49-11 Effective Dates. (a) On and after the 60th day after the effective date of this chapter, it shall be unlawful for an OAC to engage in the outdoor advertising business, or, by way of advertising, promotions or other methods, hold itself out as engaging in the outdoor advertising business, unless such OAC is registered with and has been issued a registration number by the Department and such registration has not expired or been revoked. Notwithstanding the foregoing provision, an OAC that is in existence on the effective date of this chapter may continue to do business as an OAC pending the issuance of a registration number if such OAC has filed a registration application pursuant to 1 RCNY § 49-12 on or prior to the 60th day after the effective date of this chapter and such application has not been rejected by the Department in accordance with subdivision c of such section. (b) On and after the 60th day after the effective date of this chapter, it shall be unlawful for an OAC to sell or otherwise transfer control of a sign, sign structure, or sign location or any right of such OAC to sell, lease, market, manage, or otherwise make space on a sign, or sign structure, or at a sign location available to others for advertising purposes, to an OAC other than one that is registered in accordance with this chapter and that has been issued a registration number by the Department and such registration has not expired or been revoked, or to a OAC that has timely filed for registration pursuant to 1 RCNY § 49-12 and such application has not been rejected by the Department. (c) On and after the 60th day after the effective date of this chapter it shall be unlawful to erect, alter, install, maintain, attach, affix, paint on, or in any other manner represent on a building or premises any sign that is under the control of an OAC unless such OAC is registered in accordance with this chapter, and has been issued a registration number by the Department and such registration has not expired or been revoked or, with respect to an OAC that is in existence on the effective date of this chapter, such OAC has filed a registration application pursuant to 1 RCNY § 49-12 on or prior to the 60th day after the effective date of this chapter and such application has not been rejected by the Department in accordance with subdivision c of such section.

1 RCNY § 49-12 Application for Registration.

§ 49-12 Application for Registration. (a) The application for registration or the renewal of registration shall contain all of the information required by the application form and these rules. Except where an application is filed pursuant to subsection (3) below, the party holding fee or the dominant lease to the sign, sign structure or sign location, shall act as the applicant for registration. An applicant shall: (1) file an application for registration and be issued an OAC registration number; or, (2) where an affiliated OAC exists, file an application for registration on behalf of itself and any affiliated OAC only to the extent of their shared control of any sign(s), sign structure(s), and sign location(s), and each such shared inventory shall be issued the OAC registration number that has been assigned to the applicant; or, (3) file a single application for registration on behalf of itself and every affiliated OAC, including all signs, sign structures, and sign locations under the control of the applicant and every affiliated OAC. A responsible officer of the applicant shall certify the completeness and accuracy of the application and accompanying documents. A responsible officer of the affiliated OAC shall authorize the applicant to submit an application and act on behalf of the affiliated OAC. The Department shall act upon the application either by accepting the application or by notifying the applicant of deficiency in accordance with subdivision c of this section promptly but not later than 60 days after the date of receipt of the application, except that on or before such 60th day, the Commissioner may on good cause shown and upon notification to the applicant, extend such time for an additional 45 days. If the Department fails to act upon the application within such 60-day period or, where applicable, within such further 45-day period, the application shall be deemed accepted. (b) The Department shall accept applications complying with the provisions of these rules and other applicable law. An OAC registration number shall be issued to the applicant of each accepted registration application. Where the application is for the renewal of an existing registration, the applicant shall be notified of such acceptance. (c) The Department may reject an application for registration or for the renewal of registration if it finds that the application, including the accompanying listing of sign inventory required by 1 RCNY § 49-15, is not complete and accurate or all required documents have not been submitted with the application. Before rejecting an application, the Department shall provide the applicant with an explanation of the deficiency and a period of time, but not more than 45 days, within which the applicant may submit a corrected application and any missing documents. Upon written request and for good cause, the Commissioner may extend the time for submitting a corrected application. (d) An OAC registration number issued by the Department pursuant to this section shall not be transferable. (e) An OAC shall notify the Department within 30 days thereof of any material change in the information provided in the most recent registration or renewal application submitted pursuant to this chapter. Where the material change involves the addition of an affiliated OAC, such additional affiliated OAC shall not do business as an OAC until notice of such material change is received.

1 RCNY § 49-13 Term and Fees.

§ 49-13 Term and Fees. (a) The term of the registration shall be for two years commencing on the date of issuance of an OAC registration number. The fee for the initial registration shall be $1,500 per applicant, plus $125 for each: sign; sign structure vacant of signage; and tax lot vacant of both signage and sign structures, listed in the sign inventory. The biennial registration renewal fee shall be $750 per applicant, plus $50 for each: sign; sign structure vacant of signage; and tax lot vacant of both signage and sign structures, listed in the sign inventory. The fee per material change shall be $25. (b) A registration renewal application shall be filed no sooner than 90 or later than 60 days prior to the expiration date of the current term of the registration. Notwithstanding the renewal fee set forth in subdivision (a), where a registration renewal application is submitted later than 60 days before the expiration of the current term of the registration, the renewal fee shall be $1,500 per applicant OAC, plus $125 for each: sign; sign structure vacant of signage; and tax lot vacant of both signage and sign structures, listed in the sign inventory. A registration renewal application may not be submitted after the expiration of the current term of the registration. Nothing in this section shall prohibit an OAC with an expired registration from filing a new application for registration, subject to the filing requirements and fees of an initial registration application.

1 RCNY § 49-14 Acceptable Type of Security.

§ 49-14 Acceptable Type of Security. (a) An applicant shall maintain security in the form of a letter of credit from an issuing bank or other security acceptable to the Department for all signs included in its inventory. Proof of such security must be filed with the Department with the initial application for registration and with all registration renewal applications. OACs may post one letter of credit or other security acceptable to the Department with respect to all affiliates or separate security for each affiliated OAC. The maximum number of letters of credit or other security acceptable to the Department shall not exceed the total number of signs in the inventory. The security must be in full force and effect from and after the date of registration. When a letter of credit or other security acceptable to the Department expires, is cancelled, is not renewed or for any reason becomes unenforceable, it shall be replaced forthwith and notice of such replacement shall be filed with the Department within 30 days thereafter. The bank shall be required to notify the Department promptly in the event of cancellation, failure to renew or other event that would render the security unavailable to the Department. (b) The amount of security shall be $25,000 for the first 20 signs in the sign inventory, plus $10,000 for each additional 20 signs, or part thereof. (c) Replenishment. The Department shall draw upon the security in accordance with applicable law. Upon the Department drawing upon the security, the OAC or responsible affiliate shall replenish the amount within 14 days of notice by regular mail from the Department to the OAC, or, if applicable, such responsible affiliate. Evidence thereof shall be submitted to the Department within 30 days.

1 RCNY § 49-15 Sign Inventory to be Submitted with Registration Application.

§ 49-15 Sign Inventory to be Submitted with Registration Application. (a) In addition to the information and documentation required by 1 RCNY § 49-12(a), an applicant shall submit, pursuant to § 26-261 of the Administrative Code, a sign inventory that shall include all signs, sign structures and sign locations located (1) within a distance of 900 linear feet from and within view of an arterial highway; or (2) within 200 linear feet from and within view of a public park of one-half acre or more. Such sign inventory shall be filed together with the registration application and each renewal registration application. The sign inventory submitted in connection with the renewal registration application shall include all material changes since the last registration or renewal registration application, and shall be accompanied by a statement that identifies all material changes since such prior registration. A registration application or renewal application submitted without such sign inventory or statement shall not be considered complete and may be rejected in accordance with subdivision (c) of 1 RCNY § 49-12. (b) A sign inventory submitted by a responsible affiliate on behalf of: (1) an affiliated OAC, in accordance with subdivision (a)(2) of 1 RCNY § 49-12, shall include all signs, sign structures and sign locations under the shared control of such responsible affiliate and affiliated OAC; or, (2) every affiliated OAC, in accordance with subdivision (a)(3) of 1 RCNY § 49-12, shall include all signs, sign structures and sign locations under the control of such responsible affiliate and every affiliated OAC. (c) The sign inventory shall be accompanied by a signed statement of a responsible officer of the OAC or, if applicable, the responsible affiliate, stating that the listing of its inventory is a complete listing of all signs, sign structures and sign locations under its control, subject to § 26-261 of the Administrative Code. (d) The sign inventory shall be submitted on forms to be prescribed by the Department and shall include the information specified on such forms for each sign, sign structure and sign location including, but not limited to, the following: (1) For each sign, sign structure and sign location, the public park and/or arterial highway to which it is proximate pursuant to 1 RCNY § 49-15(a) shall be identified, and its distance in feet from such public park or arterial highway shall be listed. Such distance shall be calculated as the length of a horizontal plane extending between a vertical plane reflecting the edge of the sign, sign structure or sign location closest to the park or arterial highway and a vertical plane reflecting the portion of the park or highway closest to the sign, sign structure or sign location. Where a sign location is vacant of buildings or other structures to support signage, the measurement shall be from the edge of its tax lot closest to the public park and/or arterial highway. (2) The block and lot numbers and the address, if one exists, for the premises of each sign, sign structure and sign location. (3) The size of each sign and sign structure described in linear feet and inches. (4) The height in feet and inches of the highest portion of each sign and sign structure above the curb level. (5) Each sign shall be identified as either "advertising" or "non-advertising." To the extent a sign is a non-conforming sign, it must further be identified as "non-conforming advertising" or "non-conforming non-advertising." A sign identified as "non-conforming advertising" or "non-conforming non-advertising" shall be submitted to the Department for confirmation of its non-conforming status, pursuant to 1 RCNY § 49-16. (6) For each accessory sign, the name and mailing address of the business to which the sign directs attention, the nature of such business and the square footage of the floor space occupied by such business on the zoning lot. (7) The name and address of all parties with an interest in the premises where each sign, sign structure and sign location is situated. (8) The name and address of all parties with an interest in the sign or sign structure. (9) A diagram, labeled with the information required by (1), (2) and (3) above, eight and one-half by eleven inches in size, that shows the position of the sign, sign structure or sign location on the lot with the distance in feet to the proximate highway or park. (10) Digitized and printed eight inch by ten inch color photographs, clearly showing a front view and, if practicable, a rear view of the entire sign and sign structure and the building or other structure to which the sign or sign structure is attached. (11) The work permit for the erection, installation, or most recent alteration of the sign or sign structure. To the extent such document is unavailable, the Department may accept a statement of diligent search. (12) For each conforming sign, the name and license number of the master or special sign hanger who hung or erected each sign. (13) Whether the sign is illuminated and if so whether such illumination is indirect as such term is defined in § 12-10 of the Zoning Resolution. If the sign is illuminated, the sign inventory shall include the permit number assigned by the Electrical Division of the Department for the associated power connection and if applicable, the illuminated sign permit number. (14) Where a sign inventory is submitted on behalf of affiliated OACs, the legal name of the OAC that markets or manages each sign, sign structure or sign location and the legal name of the OAC with an ownership interest in each such sign, sign structure or sign location, if different, shall be identified. (15) With respect to each sign that has been identified in the sign inventory as a non-conforming sign, the following additional information shall be included with the registration application: a. The Zoning Resolution section that establishes the sign as a non-conforming sign. b. Evidence that the non-conforming sign existed and the size of the sign that existed as of the relevant date set forth in the Zoning Resolution to establish its lawful status. Acceptable evidence may include permits, sign-offs of applications after completion, photographs and leases demonstrating that the non-conforming use existed prior to the relevant date. Affidavits, Department cashier's receipts and permit applications, without other supporting documentation, are not sufficient to establish the non-conforming status of a sign. The submitted evidence must specifically establish the non-conforming aspect of the sign. For example, where evidence is submitted to establish that a sign is a non-conforming advertising sign, proof that the sign was erected, but that does not establish that it was advertising, will not be sufficient. c. Affidavit signed by the registered architect or professional engineer, that he or she reasonably believes the sign to be non-conforming based on the evidence submitted. (1) A responsible officer of the OAC shall co-sign the affidavit, that he or she reasonably believes the sign to be non-conforming based on the evidence submitted, and that to the best of his or her knowledge there has not been any discontinuance of the non-conforming use for two or more years. (e) Except as to non-conforming signs, the sign inventory shall be accompanied by a certification by a registered architect or licensed professional engineer, co-signed by a responsible officer of the OAC, that he or she has personal knowledge that the signs in the sign inventory are in compliance with the Zoning Resolution. (f) The Department shall issue to each sign, or if vacant of signage, each sign structure and sign location listed in a sign inventory of a registered OAC, a "sign identification number." (g) The Department's acceptance of an application for registration or for the renewal of registration, and the issuance of an OAC registration number to an applicant or a sign identification number for any sign, sign structure or sign location in the sign inventory, shall not constitute a decision or determination by the Department that a sign or sign structure is lawful under the Zoning Resolution or that a sign may lawfully be erected at the sign location. (h) An OAC shall amend its sign inventory to reflect material changes in its portfolio of signs. The amendment shall be made within 30 days after such change. (i) The applicant shall provide a list of signs believed to be exempt from registration and not subject to Department jurisdiction and located (1) within a distance of 900 linear feet from and within view of an arterial highway; or (2) within 200 linear feet from and within view of a public park of one-half acre or more.

1 RCNY § 49-16 Non-Conforming Signs.

§ 49-16 Non-Conforming Signs. (a) With respect to each sign identified in the sign inventory as non-conforming, the registered architect or professional engineer shall request confirmation of its non-conforming status from the Department based on the evidence submitted in the registration application. The Department shall review the evidence submitted and accept or deny the request within a reasonable period of time. A sign that has been identified as non-conforming on the initial registration application may remain erected unless and until the Department has issued a determination that it is not non-conforming. The registration of the OAC and remaining sign inventory shall continue unimpeded while such a determination is pending. (b) The Department shall maintain a list of all signs that it accepts as non-conforming. (c) The Department may withdraw its acceptance of a non-conforming sign upon discovering evidence that the sign was improperly considered, or should no longer be considered, a non-conforming sign, and upon such withdrawal and after notice to the OAC, the sign must be removed pursuant to the Zoning Resolution.

1 RCNY § 49-17 Information Required on Signs.

§ 49-17 Information Required on Signs. On and after the 90th day after the approval of the OAC registration, all signs included in an OAC's inventory shall have posted thereon the name of the OAC to which it is registered, the OAC registration number and, unless a permit is not required, the permit identification number for the installation, alteration or erection of such sign and, if applicable, for the maintenance of such sign. All required information shall contrast with the background and be visible from the arterial highway and/or public park.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-1996Fetched: 10/24/2026