[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 2-16-1998 by Ord. No. 717. Amendments noted where
applicable.]
A.
Purpose and scope. The Township of Tinicum, Delaware
County, Pennsylvania, hereby approves the construction and installation
of bus stop passenger shelter(s) within the rights-of-way of highways
in the Township of Tinicum, Delaware County, Pennsylvania, and provides
minimum standards to safeguard life, health, property and public welfare
by regulating and controlling the locations, terms of contract, the
quality of materials, construction, alterations, repairs, illumination,
installation and maintenance of bus stop shelter(s) within the Township
of Tinicum, establishes fees and contracts for said use and provides
penalties.
B.
Requirements. It shall be unlawful for any person,
firm, corporation or individual to erect or maintain a bus stop shelter(s)
without first seeking application and having been approved by the
Township Commissioners, as well as a permit for all bus stop shelter(s).
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure not less than four feet in width and 10 feet
in length, but not larger than six feet in width and 14 feet in length,
consisting of at least two transparent walls, covered by a roof, for
the purpose of providing temporary shelter(s) for persons waiting
for public transportation vehicles.
Any advertisement, placard or sign placed on or with a permitted
bus stop shelter(s).
Any person, firm, corporation or individual who or which erects
or maintains a bus stop shelter(s) in the Township of Tinicum shall
defend, save and keep harmless the Township of Tinicum and all its
officials from all damages, liabilities, losses or judgments that
may be claimed against the Township of Tinicum by reason of the negligent
erection or maintenance of such bus stop shelter(s) or by reason of
any defects arising therefrom and shall also furnish to the Township
of Tinicum proof of the carrying of public liability insurance providing
coverage of at least $1,000,000 per occurrence, naming the Township
of Tinicum as an additional insured and obligating insurer to notify
the Township of Tinicum, by certified mail, no less than 30 days prior
to cancellation, withdrawal or modification of insurance.
A.
Every bus stop shelter(s) hereafter erected in the
Township of Tinicum shall be no less than four feet in width and 10
feet in length, but not larger than six feet in width and 14 feet
in length. Every bus stop shelter(s) shall be constructed with at
least two transparent walls and shall be covered by a roof.
B.
No bus stop shelter(s) of any description shall be
erected, constructed, installed or maintained in such a manner as
to obstruct any fire escape or on any grounds required for use as
ingress or egress or access by the Township firefighting forces.
C.
Every bus stop shelter(s) hereafter erected, constructed
or maintained shall be clearly marked with the name of the person,
firm or corporation erecting and maintaining such bus stop shelter(s).
D.
No bus stop shelter(s) shall be erected so as to obstruct
free access to or egress from any building.
E.
No bus stop shelter(s) shall be erected, constructed,
installed or maintained within 300 feet of any existing bus stop shelter(s)
on the same side of the street.
F.
No bus stop shelter(s) hereafter erected, constructed
or maintained shall be used for any purpose other than to provide
shelter(s) for individuals waiting for public transportation vehicles
and to house advertising within no more than one transparent pane
that may be two-faced. The housing of any commercial vending machines
or concessions within a bus stop shelter(s) in the Township of Tinicum
is expressly prohibited.
G.
Every bus stop shelter(s) hereafter erected, constructed
or maintained in the Township of Tinicum shall be internally lighted
between dusk and dawn.
H.
The sign company shall be permitted to place advertising
materials only in one end wall of each unit. Such advertising may
be two-faced and shall be lit internally during hours of darkness
only. The permittee and/or sign company must timely remove any outdated
advertising or advertising that has been vandalized or damaged. The
Township of Tinicum retains the right to request removal of any shelter(s)
and advertising upon a showing that such shelter(s) or advertising
is poorly maintained, vandalized, in a state of disrepair and is inimical
to the public health, safety and welfare. The permittee's failure
to clean, repair or adequately maintain the shelter(s) permits the
Township of Tinicum to order the bus stop shelter(s) to be removed.
I.
Upon the request of the Township of Tinicum to have
advertising and a shelter(s) removed, or upon expiration of the term
of any contract or agreement between the Township of Tinicum and the
sign company, or permittee, the permittee and/or sign company, within
five working days of the Township of Tinicum request, shall remove
any and all units and advertising then located within the Township
and shall restore the premises to its original condition where the
unit had been located.
J.
The permittee and/or sign company shall construct
and/or maintain all bus stop shelter(s) units in strict compliance
with all ordinances, regulations or other laws governing their use.
The permittee and/or sign company shall obtain, at its own expense,
all permits necessary from all other governmental entities required
for the construction, installation and operation of the units and
timely pay all required permit, licensing and annual fees, assessments
and costs.
K.
The permittee shall not advertise any display that
is normally objectionable to members of the public and the Township
of Tinicum. There shall be no advertising of alcohol or tobacco products.
In the event that the Township of Tinicum determines the advertising
displays any copy to be offensive or objectionable, the permittee
and/or sign company shall remove said advertising within five working
days, the same upon written notice thereof.
L.
All permittees or sign advertisers, upon approval
of the Township of Tinicum Commissioners, shall execute an agreement
providing for the terms and conditions of use and maintenance of the
bus stop shelter(s), as well as payments and annual fees to the Township
of Tinicum in consideration of the right to locate the bus stop shelter(s)
within the Township of Tinicum.
A.
No bus stop shelter(s) shall be hereafter erected
by any persons, firm, corporation or individual, except as prescribed
in this chapter and until after the sign company or permittee has
executed an agreement with the Township of Tinicum and a permit to
erect the same has been obtained from the Township of Tinicum. There
shall be a one-time fee for a bus stop shelter(s) permit in the amount
of $25 per bus stop shelter(s) location.
B.
An application for a permit shall be filed with the
Township of Tinicum. The application shall demonstrate that all provisions
of this chapter relating to bus stop shelter(s) have been complied
with. The application shall set forth the plans and specifications,
including the locations, dimensions, materials and details of construction
of the proposed bus stop shelter(s). Subject to a permittee's legal
authority to erect a shelter(s) on a particular location, and upon
its approval of the application, the Township of Tinicum shall issue
a permit to the applicant. Where a bus stop shelter(s) is proposed
for placement in a state right-of-way, the receipt of a Township of
Tinicum permit is contingent on the applicant first obtaining a permit
or permit agreement from the Pennsylvania Department of Transportation.
C.
In order to protect the public health, safety and
welfare, or in the event that the permittee violates any term or condition
of this chapter or agreement between the permittee and the Township
of Tinicum, the Township of Tinicum may, at its discretion, revoke
any permit issued for any and all bus stop shelter(s). Any such decision
to revoke a permit shall be effective upon the issuance of written
notice to the permittee. The permittee must remove the bus stop shelter
or shelters, and all advertising, in question within 30 days after
receipt of said written notice.
It shall be the duty of the Code Enforcement
Officer of the Township of Tinicum, or his duly appointed representative,
to inspect all bus stop shelter(s) at least once annually, and the
fee for this inspection shall be $25 for each bus stop shelter(s)
per annum. The fee shall be payable in advance on or before January
31 of each calendar year.
All bus stop shelter(s) hereafter erected in
the Township of Tinicum shall be constructed in such a manner so as
to comply with the minimum standards for construction and design of
such structures as set out in the International Building Code, as
amended and adopted, and all other ordinances and codes of the Township
of Tinicum.
A.
Every person, firm, corporation, or individual granted
a permit pursuant to this chapter shall timely pay to the Township
of Tinicum the initial one-time permit fee for a bus stop shelter
permit in the amount of $25 per bus stop shelter location and an annual
inspection fee of $25 for each bus stop shelter per annum. The annual
bus stop shelter(s) inspection fee for each bus stop shelter(s) is
payable in advance or on or before January 31 of each calendar year.
B.
In addition to the initial permit fee and annual inspection
fee referred to herein, every person, firm, corporation or individual
granted a permit pursuant to this chapter must enter into an agreement
with the Township of Tinicum to pay an annual payment and license
fee for the right to locate all bus stop shelter(s) within the Township
of Tinicum. All payments to the Township shall be timely paid, each
and every month, due the first day of each month, or annually, as
the parties may agree. Payment to the Township of Tinicum is not contingent
on the advertiser's payment or sale of advertising or advertising
use of any bus stop shelter(s).
Any person, firm, corporation or individual
who or which shall erect or maintain any bus stop shelter(s) or like
structures without a permit or who otherwise acts contrary to the
rules and regulations set forth herein shall be in violation of this
chapter. Each and every day such violation continues after receipt
of written notice from the Code Enforcement Officer shall be a separate
offense. A person, firm, corporation or individual charged with violating
this chapter shall be brought before a Magisterial District Judge
for a hearing and, upon conviction, shall be sentenced to pay a fine
of not less than $200 nor more than $1,000, plus costs of prosecution,
and, in default of payment of such fine and costs, imprisonment in
the county jail for a period not exceeding 30 days for each violation.
