[HISTORY: Adopted by the Borough Council
of the Borough of Tullytown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-2-2008 by Ord. No. 322]
This article shall be known as the "Delaware
& Lehigh Drive Scenic Byway Ordinance."
The purpose of the article is to accommodate
the Scenic Byway designation along the Delaware & Lehigh Drive
by prohibiting certain advertising devices along State Route 2059
(corresponding only to Bordentown Road and Main Street) from the Falls
Township municipal boundary line to the intersection of Fallsington
Road; and Main Street (G440 owned by the Borough of Tullytown) from
its intersection with State Route 2059 at Fallsington Road to the
Bristol Township municipal boundary line in accordance with the parameters
set forth in state and federal law, and to enable state or federal
funding to be obtained to preserve the natural beauty of this highway
and to promote the public welfare.
As used in this article, the following words
shall have the meaning ascribed:
To construct, build, assemble, place, affix, attach, create,
paint, draw, or in any other way bring into being or establish, but
it shall not include any of the foregoing activities when performed
as an incident to the change of advertising message or customary maintenance
and repair of a sign or sign structure.
The Borough of Tullytown and its Council or designated representatives.
Any outdoor sign, display, light, figure, painting, drawing,
message, plaque, poster, billboard or other thing which is designed,
intended or used to advertise or inform.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Municipality.
Includes any individual, association, public or private corporation,
for profit or not for profit, partnership, firm, trust, estate or
any other legal entity whatsoever which is recognized by law as the
subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or imposing a fine or imprisonment, the term
"person" shall include the members of an association, partnership
or firm and the officers of any local agency or public or private
corporation.
All persons in possession or control of real estate by reason
of a lease, contract or other legal right or claim, and all persons
performing work for the owner or person responsible.
No outdoor advertising device, as defined, may
be erected by any owner, person responsible or other person:
A.
Within 660 feet of the nearest edge of the right-of-way
of the Delaware & Lehigh Drive; or
B.
More than 660 feet from the nearest edge of the right-of-way
if the sign is visible from the main-traveled way of the Delaware
& Lehigh Drive and the purpose of the sign is that its message
be read from the main-traveled way of the Delaware & Lehigh Drive,
except as follows:
(1)
The official signs and notices which are required
or authorized by law which conform to the national standards promulgated
by the Secretary of Transportation of the United States pursuant to
23 U.S.C. § 131 (relating to the control of outdoor advertising);
and
(2)
Outdoor advertising devices promoting the sale or
lease of property upon which they are located; and
(3)
Outdoor advertising devices advertising activities
conducted on the property on which they are located, including devices
which display a message that may be changed at reasonable intervals
by electronic process or remote control; and
(4)
Directional signs, including, but not limited to,
signs pertaining to natural wonders, scenic and historical attractions,
and other points of interest to the traveling public which conform
to the national standards promulgated by the Secretary of Transportation
of the United States pursuant to 23 U.S.C. § 131; and
(5)
Outdoor advertising devices lawfully in existence
on October 22, 1965, determined by the Commonwealth of Pennsylvania,
subject to the approval of the Secretary of the United States Department
of Transportation, to be landmark signs, including signs on farm structures
or natural surfaces or of historic or artistic significance, the preservation
of which would be consistent with the purposes of this section.
All outdoor advertising devices constructed
and existing on the effective date of this article, which would be
prohibited under this article, shall be permitted except that if the
device shall not be used for advertising for a period of one year
or shall become dilapidated, the device shall be removed.
For purposes of this article, the person or
persons holding legal title to property on which a person is maintaining
a condition of premises in violation of this article shall be subject
to the remedies, penalties and liability imposed by enforcement of
this article.
Whenever a condition constituting a violation
of this article is found to exist, the Municipality or its designated
representative shall cause written notice to be served upon the owner(s)
of the subject premises, as well as other persons responsible for
the outdoor advertising device. Service of this notice may be made
by personal delivery to the owners, and other responsible persons,
or by mailing the notice to their last known address by certified
mail. The notice shall identify the subject property and owner(s),
or other responsible persons, describe the conditions of the property
which constitute the violation, set forth the applicable section(s)
of this article and set forth a reasonable time to correct or remedy
the violation.
A.
Violation of this article may result in any one or
more of the following actions:
(1)
The Municipality may order the removal of outdoor
advertising devices installed or constructed in violation of the provisions
of this article;
(2)
The Municipality may institute proceedings before
the District Justice or in a court of law to recover penalties and
costs as provided in this article;
(3)
The Municipality may institute an action in equity
or at law, to abate the violation and obtain such other relief as
is appropriate.
B.
The remedies provided herein for the enforcement of
this article, or any remedy provided by law, shall not be deemed mutually
exclusive; rather, they may be employed simultaneously or consecutively,
at the option of the Municipality.
Any person who violates or permits the violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding, pay a fine in an amount not to exceed $100
for each violation, together with all court costs, including reasonable
attorneys' fees, incurred by the Municipality. Each day a violation
shall continue shall constitute a separate violation, except for periods
of time allowed by the Municipality for correction or elimination
of the violation. No judgment shall be imposed until the date of the
determination of a violation by the court.
If the Delaware & Lehigh Drive is designated
a Byway by the Commonwealth of Pennsylvania, Department of Transportation,
the Municipality shall enforce the prohibitions set forth in this
article and shall not revise this article without the prior written
approval of the Department. Failure to do so may result in revocation
of the Byway designation.
