[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.]
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.
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.
- PUBLIC BUS TRANSPORTATION SHELTER
- 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.
- PUBLIC BUS TRANSPORTATION SHELTER ADVERTISING
- An advertisement, plaque or sign placed on or within a permitted bus transportation shelter.
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 All outdated advertising or advertising that has been vandalized or damaged shall be timely removed and replaced with public service advertising.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.