[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 395.
[Adopted 1-8-1962 by Ord.
No. 322]
[Amended 4-9-1962 by Ord. No. 325]
It shall be unlawful for any person, firm, corporation
or individual to erect and maintain ground signboards, roof signboards,
wall bulletins, marquees and marquee signs without first obtaining
a permit from the Building Inspector and paying a license fee as hereinafter
provided.
[Amended 4-9-1962 by Ord. No. 325]
No person, firm, corporation or individual shall
engage within the limits of Tinicum Township in the business of outdoor
advertising by means of ground signboards, roof signboards, wall bulletins
or by the erection or maintenance of projecting signs until such person,
firm, corporation or individual shall have furnished to the Township
Secretary proof of the carrying of public liability insurance with
limits of $25,000/$50,000 and which is satisfactory to the Township
Solicitor.
No company, partnership, corporation or individual
shall engage in the business of outdoor advertising or in the erecting
or maintaining of signs within the Township of Tinicum without first
obtaining a license from the Building Inspector to conduct said business,
which license shall be an annual license. The fee for this license
shall be payable on the first day of March 1962, and the first day
of each calendar year thereafter, and shall be in the sum of $15 where
not more than five signs are erected or maintained, and in the sum
of $25 where more than five but not more than 15 signs are erected
or maintained, and in the sum of $50 where more than 15 signs are
erected or maintained.
A.
For the purposes of this article and the regulations
and provisions thereof, signs are hereby classified as follows: ground
signboards, roof signboards, wall bulletins and projecting signs,
marquees and marquee signs. No ground signboards or roof signboards,
wall bulletin or projecting sign erected or constructed before the
passage of this article shall be relocated or rebuilt, without being
so located and rebuilt as to be brought into compliance with this
article, and until after a permit has been obtained from the Building
Inspector to effect such alterations.
B.
No signboard of any description shall be installed,
erected or constructed in such a manner as to obstruct any fire escape
or any window or door thereto, nor shall any sign be attached in any
form, shape or manner to a fire escape. Every ground signboard, roof
signboard, wall bulletin or projecting sign hereafter constructed
or maintained shall be plainly marked with the name of the person,
firm or corporation erecting and maintaining such sign.
From and after the passage of this article,
it shall be unlawful for any person, firm or corporation to advertise
by sign tacking or advertise by tacking, pasting or tying on poles,
posts, trees, buildings, fences or other structures located on public
property in the Township of Tinicum.
[Amended 4-17-1978 by Ord. No. 516]
No ground signboard, roof signboard, wall bulletin
or projecting sign shall be hereafter erected by any person, firm
or corporation except as prescribed in this article and until after
a permit to erect the same has been obtained from the Building Inspector.
No permit shall be granted until after an application has been filed
with the Building Inspector showing the plans and specifications,
including dimensions, materials and details of construction of the
proposed sign, nor until all the provisions of this article relating
to such structure shall have been complied with. The Building Inspector
may prescribe suitable regulations consistent with the provisions
of this article concerning the form and content of all applications
for the various forms of permits herein required. The fees for such
permits shall be as follows:
A.
Ground signboards per location: There shall be a fee
of $35 per sign.
B.
Roof signboards per location: There shall be a fee
of $50 per sign.
C.
Wall bulletins per location: There shall be a fee
of $35 per bulletin.
D.
Projecting signs per location: There shall be a fee
of $50 per sign.
E.
Marquees: There shall be a fee of $75 per marquee.
F.
Marquee signs per location: There shall be a fee of
$75 per sign.
G.
Marquee awnings: There shall be a fee of $75 per awning.
H.
Movable standards and bench signs: There shall be
a fee of $25 per sign.
I.
Real estate signs: There shall be a fee of $10 per
sign.
[Amended 4-9-1962 by Ord. No. 325]
It shall be the duty of the Building Inspector
to inspect all ground signboards, roof signboards, wall bulletins,
marquees and marquee signs at least once annually, and the fees for
this inspection shall be $3 per location, excepting roof signs, which
shall be $5 per location per annum, payable May 1, 1962, and January
1 of each year thereafter.
A.
A "ground sign," as used in this article, shall mean
any signboard erected, constructed or maintained for the purpose of
displaying outdoor advertising by means of posters, pictures, pictorial
or reading matters, when such sign is supported by uprights or braces
placed upon the ground and not attached to any part of any building.
B.
No ground signboard shall be erected or maintained
within the Township of Tinicum until after a permit to erect and maintain
the same has been first secured from the Building Inspector. No sign
of any size or description shall be placed closer than 30 feet to
the curbline where streets intersect, whereby traffic will be obscured.
No ground signboard constructed entirely of wood material shall be
at any point over 15 feet above the ground level; but when the facing
of a ground signboard is constructed entirely of sheet metal, excepting
only that the supports, braces, battens, ornamental molding, platform
and decorative latticework are of wooden construction, said ground
sign may be erected to a height not exceeding 24 feet above the ground
level; and if the sign is an illuminated one, lighting reflectors
may project six feet beyond the sign structure. Every ground signboard
shall have an open space of not less than two feet nor more than four
feet between the lower edge of such signboard and the ground level,
which space may be filled in with platform and decorative latticework
of light wooden construction. Every ground sign shall be stoutly constructed
and anchored in a secure manner. All ground signs on inside lots shall
be set back 20 feet from the curbline, and no ground sign shall be
placed nearer than 10 feet to the side of the property line.
[Amended 4-17-1978 by Ord. No. 516]
C.
Any person or company occupying any vacant lot or
premises with a ground signboard shall be subject to the same duties
and responsibilities as the owner of the lot or premises with respect
to keeping the same clean, sanitary, inoffensive and free and clear
of all noxious substances in the vicinity of such ground signboard.
A.
A "roof signboard," as used in this article, shall
mean any sign erected, constructed or maintained upon the roof of
any building. No sign shall be placed on the roof of any building
so as to prevent the free passage from one part of said roof to any
other part thereof or interfere with any openings in such roof, and
no sign that is placed upon the roof of any building shall project
beyond the edge of said roof in any direction. If the sign is an illuminated
one, lighting reflectors may project six feet beyond the building
line. Every roof sign shall be constructed entirely of steel construction,
including the uprights, supports and braces of the same, excepting
only that the ornamental molding and battens behind the steel facing
and the decorative latticework may be of wooden construction. All
roof signs must be so constructed as to withstand a wind pressure
of not less than 30 pounds to the square foot of area subject to such
pressure, and when erected upon buildings which are not entirely of
fireproof materials, the bearing plates of said sign shall bear directly
upon the masonry wall or upon the steel girders which are supported
on the masonry walls and intermediate columns in the building.
B.
No roof sign structure having a tight, closed or solid
surface shall be at any point over 31 feet above the roof level. Roof
sign structures not having a tight, closed or solid surface may be
erected upon fireproof buildings to a height not exceeding 75 feet
above the roof level, and upon nonfireproof buildings to a height
not exceeding 50 feet above the roof level, but the portions of such
structure covered and exposed to wind pressure shall not exceed 35%
of the area thereof. All such signs shall be thoroughly secured to
the building upon which they are installed, erected or constructed
by iron or metal anchors, bolts, supports, chains, stranded cables,
steel rods or braces.
C.
Every such sign and all the supports, braces, guys
and anchors thereof shall be kept in repair and, unless made of noncorroding
material, shall be thoroughly and properly painted at least once every
two years, and the Building Inspector may order the removal of any
such signs that are not maintained in accordance with the conditions
of this section.
D.
All solid or closed-surface signs over 25 feet in
height above roof level and signs not having a closed or solid surface
over 50 feet in height above roof level must be approved by the Building
Committee of the Township before erection.
E.
All roof signs on buildings over three stories in
height must be approved by the Building Committee before erection.
A.
A "wall bulletin," as used in this article, shall
mean any sign painted or posted on any surface or plane that may be
affixed to the front, rear or side wall of any building; provided
it does not extend beyond the building line more than 12 inches; except,
however, that if the sign is an illuminated one, the lighting reflectors
may project six feet beyond the building line; and provided further
that all such wall bulletins must be safely and adequately attached
to said building wall by means of iron or metal anchors, bolts or
expansion screws.
B.
No wall bulletins shall be so erected as to cover
the doors or windows of any building or otherwise prevent free ingress
or egress to or from any window, door or fire escape of any building.
A.
A projecting sign as used in this article shall mean
any letter, work, model, sign, device or representation used in the
nature of advertisement, announcement or direction extending beyond
the building.
B.
Projecting illuminated or nonilluminated signs shall be divided for the purpose of this article into two classes: first, projecting signs, which are those affixed to the building wall and which extends over the sidewalk; and second, flat signs, which are those attached in a rigid manner and lying parallel to the building wall and projecting beyond the building line. All permits for projecting signs shall be issued by the Building Inspector. The permit fee to erect or maintain a projecting sign shall be as set forth in § 285-6 of this article. No projecting sign shall be erected on the front, rear or side wall of any building so as to project above the roof or cornice wall or above the roof level where there is no cornice wall, except that a sign erected at an angle to the building, the horizontal width of which sign parallel to such building does not exceed 36 inches, may be erected to a height not exceeding 10 feet above the roof or cornice wall or above the roof level where there is no cornice wall. A sign attached to a corner of a building and parallel to the vertical line of such corner shall be deemed to be a projecting sign and subject to all the restrictions of this article pertaining to projecting signs.
C.
Every projecting sign must be constructed and braced
to withstand a horizontal wind pressure of 30 pounds for every square
foot of surface exposed. Every projecting wall sign shall be securely
attached to the building wall by iron or metal anchors, bolts, supports,
chains, stranded cables or steel rods.
D.
Signs projecting from the building wall may extend
to within two feet of the curbline, but the maximum projection shall
not exceed 10 feet and no such projecting sign shall be, at its lowest
point, less than nine feet above the sidewalk level. Marquees and
marquee signs must be limited to places of public assemblage.
E.
Marquee signs may extend to within two feet of the
curbline, but no such sign shall be less than nine feet in the clear
above the level of the sidewalk at its lowest level, and on authorized
marquee awnings there may be placed an illuminated sign which may
extend the entire length and width of the awning; provided such sign
does not extend more than five feet above nor one foot below such
awning, but under no circumstances shall the sign have a vertical
width greater than six feet.
F.
The Building Inspector shall not issue any permit
for the construction, erection or maintenance of a marquee sign until
after an application and plan has been filed with him for such a permit,
which application shall set forth in detail the specifications and
type of construction of said marquee or marquee sign. If from the
plans and specifications submitted with the application, the Building
Inspector is convinced that the type of construction provides the
necessary factor of safety to carry the weight of the marquee, together
with the weight of the sign, in addition to the probable weight of
any snow load, the Building Inspector shall issue the necessary permit.
Movable standards and signs shall not extend over the property line,
and such signs shall be fastened and secured as directed by the Building
Inspector.
In case any signs shall be installed, erected,
constructed or reconstructed in violation of any of the terms of this
article, the Building Inspector shall notify by registered mail the
owner or lessee thereof to alter such sign so as to comply with this
article, and to secure the necessary permit therefor or remove the
sign. If such order is not complied with within 10 days, the Building
Inspector shall remove such sign at the expense of the owner or lessee
thereof. The installation, erection, construction, reconstruction
or alteration of any sign in violation of the terms hereof is hereby
declared a public nuisance and removable as such.
Should any ground sign, roof sign, wall bulletin
or projecting sign be or become insecure or in danger of falling or
otherwise unsafe in the opinion of the Building Inspector, the owner
thereof or the person maintaining the same shall, upon the receipt
of written notice from the Building Inspector, and in any case within
10 days, secure the same in a manner to be approved by the Building
Inspector in conformity with the provisions of this article.
Any person, firm or corporation who shall violate
any of the provisions of this article shall be liable, on conviction
thereof, to a fine or penalty of not less than $10 nor more than $100
for each and every offense, and whenever such person, firm or corporation
shall have been notified by the Building Inspector or by service of
summons in a prosecution or in any other way that he is committing
such violation of this article, each day in which he shall continue
such violation after notification shall constitute a separate offense
punishable by a like fine or penalty. Such fines or penalties shall
be collected as like fines or penalties are now by law collectible.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed, except that this article shall not be
construed to permit the erection of any sign, ground signboard, roof
signboard, wall bulletin, projecting sign, marquee or marquee sign
presently prohibited by Ordinance No. 270,[1] nor shall any restriction or prohibition contained in
said Ordinance No. 270 be construed to be diminished in effect in
any way by this article.
[Adopted 7-20-1992 by Ord. No. 657[1]]
[1]
Editor's Note: This ordinance repealed Ord. No. 261, adopted
9-24-1956.
The regulation of the location, size, placement and certain
features of signs is necessary to enable the public to locate goods,
services and facilities in the Tinicum Township area without difficulty
and confusion, to encourage the general attractiveness of the community
and to promote property values therein.
The provisions of this article shall be held to be the minimum
requirements necessary for the promotion and protection of the public
health, safety, comfort, morals an convenience.
If any provision or requirement of this article is found to
be in conflict with any other provisions or requirement or of any
other applicable governmental law, ordinance, resolution, rule or
other governmental regulation of any kind, the provision of this article
shall prevail.
In the construction of this article and any subsequent amendment,
the definitions contained in this section shall be observed and applied:
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered, or existing elsewhere
than upon the same lot where such sign is displayed. The term "off-premises
sign" shall include an outdoor advertising sign (billboard) on which
space is leased or rented by the owner thereof to others for the purpose
of conveying a commercial or noncommercial message.
All permanent signs permitted by this article shall be constructed
in accordance with the applicable provisions of the BOCA and the National
Electrical Code, latest adopted edition. All signs erected after the
date of this article shall have affixed in a conspicuous place thereon,
the following information:
A.
One billboard
or off-premises sign may be erected, constructed or maintained only
on property bordering I-95 easterly from Fifth Avenue to the Philadelphia
City boundary line and in a westerly direction from Route 420 to the
Ridley Township boundary line.
B.
An off-premises
sign or billboard shall not exceed 1,200 square feet per sign face
and have no more than two sign faces per sign structure. Also, any
extensions to the 1,200 square foot sign face will be limited to 5
1/2 feet above the sign face, 2 feet on either side and 1 1/2 feet
below the basic sign face area.
C.
An off-premises
sign or billboard shall not be closer than 2,000 feet to another off-premises
sign or billboard along the same side of any street or highway.
D.
An off-premises
sign or billboard shall not be located within 150 feet of the center
line of any intersection at grade, with the exception of billboards
that are principally showing to limited-access highways and are constructed
within 660 feet of the right-of-way in accordance with state regulations.
E.
An off-premises sign or billboard shall only be permitted in those areas designated in Subsection A of this section.
F.
An off-premises
sign or billboard shall not project higher than 30 feet as measured
from the grade of the principal adjacent roadway intended for viewing
to the bottom of said sign.
A.
An application
for an off-premises sign or billboard shall be accompanied by a site
plan and contain all of the applicable requirements of this article.
B.
Any applications
for an off-premises sign or billboard shall be accompanied by a certification
under seal of a Professional Engineer that the existence of the off-premises
sign or billboard, as proposed, shall not present a safety hazard.
No person may erect, alter or relocate within Tinicum Township,
any off-premises sign or billboard without first obtaining a sign
permit from the Code Enforcement Officer and paying the required fee.
Applications for sign permits shall be submitted to the Code
Enforcement Officer and shall contain or have attached thereto the
following information:
A.
The names,
addresses, and telephone numbers of the applicant, the owner of the
property on which the sign to be erected or affixed, the owner of
the sign, and the person to be erecting or affixing the sign.
B.
A sketch
plan of the property involved, showing accurate placement thereon
of the proposed sign.
C.
Two blueprints
or ink drawings of the plans, and specifications of the sign to be
erected or affixed and the method of construction. Such plans and
specifications shall include details of dimensions, color, materials
and weight.
D.
A copy
of stress sheets and calculations prepared by or approved by a registered
structural engineer, licensed by the Commonwealth of Pennsylvania,
showing that the sign is designed for dead load and wind pressure
in any direction in an amount as approved by the Township Engineer.
E.
The written
consent of the owner of the property and the Pennsylvania Department
of Transportation, on which the sign is to be erected, and such other
information as the Code Enforcement Officer may require to determine
full compliance with this and other applicable ordinances of the Township
of Tinicum.
Upon the filing of an application for a sign permit, the Code
Enforcement Officer shall examine the plans, specifications, and other
submitted data, and the premises upon which the sign is proposed to
be erected or affixed. If it appears that the proposed sign is in
compliance with all of the requirements of this article and in conformance
with the other applicable ordinances of the Township of Tinicum and
if the appropriate permit fee has been paid, the Code Enforcement
Officer shall issue a permit for the proposed sign. If the work authorized
under a sign permit has not been completed within 90 days after the
date of issuance, the permit shall become null and void, unless otherwise
extended by the Code Enforcement Officer.
Each sign required by this article requiring a sign permit shall
pay a fee as established pursuant to a resolution by the Board of
Commissioners of Tinicum Township.
An annual license fee shall be paid in accordance with a resolution
setting forth the annual license fee schedule. An annual license fee
schedule shall be adopted by the Board of Commissioners of Tinicum
Township.
All rights and privileges acquired under the provisions of this
article are mere licenses and, as such, are at any time revocable
for just cause by the Township of Tinicum. All permits issued pursuant
to this article are hereby subject to this provision.
The Code Enforcement Officer is hereby designated as the Enforcement
Officer for this article. Said Code Enforcement Officer shall have
the following duties and powers:
A.
Review
all applications for sign permits, issuing permits for those signs
found to be in compliance with the provisions of this article.
B.
Conduct
an annual or more frequent inspection of all off-premises signs or
billboards displayed in Tinicum Township to insure compliance with
the provisions of this article.
C.
Issue
notices of violation to owner, agent or person having the beneficial
interest in the premises on which the sign is located which is found
to be in nonconformance with this article.
D.
After
due notice, cause the removal of certain signs which are found to
be in nonconformance with one or more of the provisions of this article.
E.
Render,
when called to do so, administrative interpretations regarding the
provisions of this article and their effect on the display of any
sign located or to be located in the Township of Tinicum.
F.
Maintain
all records necessary to the appropriate administration and enforcement
of this article.
Any person, partnership, or corporation, who or which has violated
the provisions of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township of Tinicum,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorneys' fees incurred by the Township of Tinicum as
a result thereof. No judgment shall commence or be imposed, levied
or be payable until the date of the determination of a violation by
the Magisterial District Judge. If the defendant neither paid nor
timely appeals the judgment, the Township of Tinicum may enforce the
judgment pursuant to the applicable rules of civil procedure. Each
day that a violation continues shall constitute a separate violation,
unless a Magisterial District Judge, determining that there has been
a violation, further determines that there was a good faith basis
for the person, partnership or corporation violating the article to
have believed that there was no such violation, in which event, there
shall be deemed to have been only one such violation until the fifth
day following the date of the determination of a violation by the
Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation.
This article shall become effective the 20th day of July 1992.
