[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Chichester 8-12-1999 by Ord. No. 577 (Ch. 13, Part 10, of the
1987 Code of Ordinances). Amendments noted where applicable.]
A.
Upper Chichester Township, Delaware County, Pennsylvania hereby approves
the construction and installation of public bus transportation shelter(s)
within the right-of-way of highways in Upper Chichester, Delaware
County, Pennsylvania, so as to encourage the use of public transportation
to improve the flow of traffic and alleviate traffic congestion in
Upper Chichester Township, and to accommodate passengers waiting for
public transportation and to thereby encourage individuals to utilize
said public transportation facilities, and to provide minimum standards
to safeguard life, health, property and public welfare by regulating
and controlling the locations, terms of contract, quality of materials,
construction, alteration, repairs, elimination, installation and maintenance
of public bus transportation shelters within Upper Chichester, and
establishing fees for said use and to provide penalties.
B.
General requirements. It shall be unlawful for any person, firm,
corporation or individual to erect or maintain a public bus transportation
shelter as hereinafter defined without first seeking application to
and approval by the Board of Commissioners of Upper Chichester Township
and thereafter obtaining a permit for the same.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm, corporation, or individual granted a permit
pursuant to this chapter.
A structure consisting of aluminum frames with at least three
sides enclosed with safety glass and a roof. Each unit shall be not
less than four feet in width and 10 feet in length and shall not exceed
six feet in width and 14 feet in length.
An advertisement, plaque or sign placed on or within a permitted
bus transportation shelter.
A.
Advertising. Advertising shall be permitted on one end wall of each
unit. Such advertising shall be two faced and shall be lighted internally
during hours of darkness. All outdated advertising or advertising
that has been vandalized or damaged shall be timely removed and replaced
with public service advertising.
B.
Lighting. All lighting of units shall be done in such a manner so
as to provide adequate visibility during darkness for patrons of the
transportation system. The lighting shall be installed in such a way
so that the source of light shall be shielded from all abutting properties
and traffic along the road where the units are located.
C.
Regulations for location. No public bus transportation shelter shall
be created, constructed, installed, or maintained in such a manner
as to obstruct any fire escape on any property required for use as
ingress or egress by emergency vehicles. Likewise, no public bus transportation
shelter shall be erected so as to obstruct free ingress or egress
from any building, nor shall a public transportation shelter be constructed
to obstruct safe highway access and/or visibility.
D.
Use. No public bus transportation shelter shall be used for any purpose other than to provide shelter for any individual waiting for public transportation, and to house advertising as set forth in Subsection A above.
E.
Insurance. The owner of any public bus transportation shelter shall,
at its own expense, keep and maintain in full force and effect a policy
of comprehensive general liability insurance, insuring owner with
respect to each public bus transportation shelter. Such insurance
policy will be maintained in an amount of not less than $1,000,000
for bodily injury and/or property damage, with an umbrella policy
of $10,000,000. The owner shall provide Upper Chichester Township
with a certificate of insurance certifying compliance, and naming
Upper Chichester Township as an additional insured. Said insurance
policy shall not be canceled or substantially modified without 30
days' prior written notice to Upper Chichester Township.
F.
Indemnification. The owner will indemnify and save harmless Upper
Chichester Township from any and all liability and/or damages, including
reasonable attorneys' fees, arising from the negligent act(s), or
failure to act, by the owner, its officers, employees or agents, arising
from the installation, maintenance, use, cleaning and/or repair of
each public bus transportation shelter.
G.
Removal of units. It is specifically understood that Upper Chichester
Township retains the right to request the removal of any public bus
transportation shelter upon a showing that such a shelter is inimical
to the health, safety, and/or welfare of the citizens of Upper Chichester
Township, or upon the owner's failure to clean, repair, or adequately
maintain the public bus transportation shelter. Upon request by Upper
Chichester Township, the owner will cause to have such shelters removed
within seven days, at its own expense.
H.
Compliance with laws. The owner shall construct and/or maintain said
public bus transportation shelters in strict compliance of all valid
ordinances, regulations, or other laws governing their use. The owner
shall obtain, at its own expense, all permits necessary from all governmental
entities, including Upper Chichester Township, required for the construction,
installation, operation of the units in question, and shall pay all
require permit and annual sign fees.
I.
Contents of advertising. The owner agrees that all advertising sold
for display at the units shall be of such a nature that is not normally
objectionable to members of the public. In the event Upper Chichester
Township determines, at its sole discretion, advertising displays
to be offensive or objectionable, the owner agrees to remove, within
30 days, the same upon written notice thereof. During the period when
advertising on a public bus transportation shelter is not displayed,
the owner agrees to post, at no cost to Upper Chichester Township,
any public service message which Upper Chichester Township wishes
to promote.
A.
No public bus transportation shelter shall be erected, by any person,
firm, corporation, or individual, except as prescribed in this chapter,
upon execution of an agreement with Upper Chichester Township, and
upon receipt of a permit from Upper Chichester Township to erect the
same. There shall be a one-time initial permit fee in an amount established
by resolution of the Board of Commissioners, from time to time, per
shelter location.[1]
B.
The application filed with Upper Chichester Township shall demonstrate
that all provisions of this chapter have been complied with. The application shall set forth the plans
and specifications, including the proposed location, dimensions, materials
and details of construction of said proposed public bus transportation
shelter. Subject to a permittee's legal authority to erect a public
bus transportation shelter, and upon approval of the application,
Upper Chichester Township shall issue a permit. Where a public bus
transportation shelter is proposed for placement in a state right-of-way,
receipt of a permit from Upper Chichester Township is contingent upon
the applicant first obtaining a permit or permit agreement from the
Pennsylvania Department of Transportation.
C.
In order to further protect the public health, safety and welfare,
and in the event that any term or condition of this chapter is violated,
Upper Chichester Township, may at its discretion revoke any permit
issued for any public bus transportation shelter(s). Any such decision
to revoke a permit shall be effective upon issuance of written notice.
Upon issuance of written notice, said public bus transportation shelter(s)
and all advertising thereto must be removed within 30 days after receipt
of said notice.
It shall be the duty of the Building Inspector of Upper Chichester
Township, or his duly appointed representative, to inspect all public
bus transportation shelter(s) at least once each year. The fee for
said inspections shall be in an amount established by resolution of
the Board of Commissioners, from time to time, for each public bus
transportation shelter(s) inspected. The fee shall be payable in advance
on or before January 31 of each calendar year.
All public bus transportation shelter(s) erected in Upper Chichester
Township shall be constructed in such a manner as to comply with the
minimum standards for construction and design of such structures,
or similar structures set forth within the Uniform Construction Code
as amended and adopted from time to time, and all other ordinances
and codes of Upper Chichester Township.
In addition to the initial permit fee and annual inspection
fee contained in this chapter, every person, firm, corporation, or
individual granted a permit pursuant to this chapter must enter into
an agreement with Upper Chichester Township to pay an annual payment
and license fee for the right to locate all public bus transportation
shelters within Upper Chichester Township. All payments to Upper Chichester
Township shall be timely paid, each and every month, and are due the
first day of each month, or annually, as the parties may agree. Payment
to Upper Chichester Township is not contingent on the advertiser's
payment, or sale of advertising, or advertising use of any public
bus transportation shelter.
Any person, firm, corporation or individual who shall erect
or maintain any public bus transportation shelter or light structures
without a permit, or otherwise acts contrary to rules and regulations
as set forth herein, shall be in violation of this chapter. Each and
every day such violation continues after receipt of written notice
shall be a separate offense. Any person, firm, corporation, or individual
charged with violating this chapter shall be brought before a Magisterial
District Judge for a hearing, and, upon conviction thereof, shall
be sentenced to pay a fine not exceeding $1,000, and not less than
$200 for each violation, together with the costs of prosecution, and,
in default of payment of such fine and costs, shall be subject to
imprisonment for a term not to exceed 30 days.
