[HISTORY: Adopted by the Board of Supervisors
of the Township of Pennsbury as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-2003 by Ord. No. 2003-7]
This article shall be known as the "Routes 52
and 100 Scenic Byway Ordinance."
The purpose of this article is to accommodate
the "scenic byway" designation along the Routes 52 and 100 corridor
by prohibiting certain advertising devices along Routes 52 and 100
in accordance with the parameters set forth in state and federal law
and to enable state and 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.
Pennsbury Township and its Board of Supervisors 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 Township.
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 rights-of-way
of Routes 52 and 100; or
B.
More than 660 feet from the nearest edge of the rights-of-way
if the sign is visible from the main-traveled way of Routes 52 and
100 and the purpose of the sign is that its message be read from the
main-traveled way of Routes 52 and 100, except as follows:
(1)
The official signs and notices which are required
or authorized by law and 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 control of outdoor advertising);
(2)
Outdoor advertising devices advertising the sale or
lease of the real property upon which they are located, provided they
conform to the sign regulations set forth in the Pennsbury Township
Code;
(3)
Outdoor advertising devices advertising activities
conducted on the property on which they are located, provided they
conform to the sign regulations set forth in the Pennsbury Township
Code; 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.
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
the 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 persons responsible or
by mailing the notice to their last known address by certified mail.
The notice shall identify the subject property and owners(s) or other
persons responsible, describe the conditions of the property which
constitute the violation, set forth the applicable section(s) of the
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
attorney's 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 roadway 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.
