[HISTORY: Adopted by the Borough Council of the Borough of
Folcroft 4-11-1962 by Ord. No.
440 (Ch. 19, Part 1, of the 2006 Code of Ordinances).
Amendments noted where applicable.]
A.
PERSON
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(a)
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any natural person, partnership, firm, association
or corporation.
Includes any structure, board or article (any part of which
is located out of doors), including all frames, traces and support
thereof used or intended to be used for carrying or displaying of
any announcement, advertisement or notice. The word "sign," as used
in this chapter, shall not include any of the following:
Anything lettered directly upon the wall of any building or
upon any other part thereof.
Any nameplate or professional sign not over one square foot
in area attached directly to the wall of a building occupied by the
person to whom such nameplate or professional sign is applicable.
Any official sign erected under the provisions of the Vehicle
Code or any ordinance adopted thereunder.
Any street name sign or directional sign erected by or under
the direction of the authorities of the Borough.
Any danger sign.
Any legal notice.
Any "no trespassing" sign.
Any bulletin board not over eight square feet in area for any
public, charitable, religious or educational institution, when such
sign is located entirely upon the premises of such institution.
Any nonilluminated real estate sign not exceeding eight square
feet in area advertising the sale or rental of the premises upon which
such sign is located.
Any sign not in excess of 15 square feet in area announcing
the name of any architect, engineer, contractor or artisan engaged
in work upon a building under construction, alteration or repair.
Any sign that is embedded or set into a building or which is
so constructed as to become a part of such building; provided, that
such sign bears only such information as the following: the name of
the owner of the building, the name of the building, the date of erection
of the building and the nature of the business conducted therein.
Any tablet constructed entirely of stone, metal or other incombustible material that is built into or firmly attached to the wall of a building, provided that such tablet contains only such information as is mentioned in Subsection (11) of this definition or reading matter commemorating a person or an event.
B.
The singular shall include the plural and the masculine shall include
the feminine.
[Amended 11-11-1963 by Ord. No. 470; 2-9-1970 by Ord. No. 566; 11-21-2006 by Ord. No. 990]
A.
No sign shall hereafter be erected, repaired, altered, relocated
or enlarged in the Borough of Folcroft until the person proposing
to erect, repair, alter, relocate or enlarge such sign shall have
obtained a permit therefor from the Borough Building Inspector. Such
permit shall be issued only when such person shall have complied with
all the preliminary requirements set forth in this chapter and when
the Building Inspector shall have satisfied himself that such sign
will, in every respect, comply with all of the applicable provisions
of this chapter, such provisions being designed for the safety of
the inhabitants of the Borough and the persons using the Borough thoroughfares.
Any person who shall desire any such permit shall file an application
therefor in the office of the Borough Building Inspector. Such application
shall be upon a form prescribed by the Building Inspector and designed
to elicit all information necessary to obtain a correct understanding
of the characteristics and specifications, and of the compliance of
such sign with the provisions of this chapter.
B.
The Building Inspector may require that complete plans and specifications
be filed for any such sign. Such application shall be accompanied
by a fee in an amount as established from time to time by resolution
of Borough Council, which shall be for the use of the Borough and
is hereby imposed in order to cover or partially to cover the cost
of investigation and inspection of the work of construction of such
sign.
Following the receipt of any such application, plans and specifications
and fee, the Building Inspector shall investigate the facts contained
in such application and plans and specifications. Following such investigation,
he shall notify the applicant as to whether the facts contained in
such application, plans and specifications conform to the requirements
of this chapter and, if not, of the manner in which the plans and
specifications can be altered or amended in order to comply therewith.
If such alteration or amendment shall be agreed upon by the applicant
and he shall make such alteration or amendment upon the application
and/or plans and specifications, as necessary, he shall be entitled
to receive a permit providing that he shall comply with the following
additional requirements:
A.
Such applicant shall file a bond, conditioned to save harmless the
Borough from any damage or injury that might result by reason of the
construction, alteration, repair, relocation, enlargement or maintenance
of such sign. The amount of such bond, which shall be with corporate
surety, approved by the Borough Council, shall be in the sum of $5,000
to $10,000 in the case of any sign weighing 250 pounds or less, and
shall be in the sum of $10,000 to $20,000, in the case of any sign
weighing more than 250 pounds. As an alternative to the filing of
such bond, the applicant may file with the Borough a public liability
insurance policy for $10,000 to $20,000, naming the owner or lessee
of the property upon which such sign is located and the Borough as
beneficiaries. Accompanying such bond or insurance policy shall be
a receipted bill for the payment of the premium of such bond or policy.
B.
Such applicant shall also file a written agreement, properly executed,
in which he shall agree to erect such sign according to the facts
contained in such application, as finally approved and/or the plans
and specifications accompanying the same, as finally approved, under
the supervision and direction of the Borough Inspector.
Any permit, issued as provided in the preceding sections of
this chapter, shall authorize the holder thereof to erect, alter,
relocate or enlarge a sign in accordance with all the applicable provisions
of this chapter, with the facts contained in such application, as
approved, and with the plans and specifications therefore, as approved,
such work to be done under the supervision of the Borough Building
Inspector, and to be completed within one year after the date of issuance
of such permit. In order to commence or to complete any work authorized
by any permit, after the expiration date thereof, it shall be necessary
for the person desiring to commence or to complete such work to make
application for a new permit, just as if no previous permit had been
issued. Any variance of the work from the conditions set forth in
the permit, or in this section, shall constitute a violation of this
chapter.
Every sign, erected in the Borough prior to the adoption of this chapter, may continue to be maintained in spite of lack of conformity with all of the provisions of this chapter, for a period of one year after the adoption hereof, after which the owner of every such sign, at his own expense, shall cause the same to be brought into strict conformity with all the requirements of this chapter, or shall remove the same. The work of bringing such sign into conformity with such requirements shall constitute either repair, alteration or relocation, and, therefore, shall necessitate the obtaining of a permit therefor by the owner of such sign, following the procedure set forth in §§ 499-2 to 499-4, inclusive, of this chapter. Provided: in special cases, where the owner of any sign erected prior to the adoption of this chapter believes that the strict conformity with any of the provisions of this chapter would be impracticable, he may appeal to the Borough Council for special permission to continue to maintain such sign without conforming in every respect to all the requirements of the chapter. The Council may grant such special permission if, upon investigation, it shall agree that such alteration would be impracticable, yet such sign would not constitute a hazard to public safety. Provided: such special permission may be conditioned upon the installation of additional safety features beyond those required by this chapter for signs erected in strict conformity therewith and/or the filing of a larger bond or higher insurance policy.
Every sign now or hereafter located in the Borough shall constantly be maintained by the owner thereof in strict accordance with all the applicable provisions of this chapter. Provided: existing signs, permitted to vary from strict conformity with any of the provisions of this chapter as provided in § 499-5 hereof, shall continue to conform to all other provisions of this chapter and of special conditions imposed by the Council at the time of its granting such special permission or a variance.
[Amended 12-10-1990 by Ord. No. 835]
In order to check upon the continued maintenance of all signs
now or hereafter located in the Borough, the Borough Building Inspector
shall make an annual inspection of all signs, which inspection shall
be made on the first day of January of each and every year. Furthermore,
the Borough Building Inspector shall make a routine inspection of
all signs in the Borough at any other time when he shall deem such
inspection necessary. The Borough Building Inspector shall report
to the Council of any sign which seems in any respect to be in an
unsafe condition or fail to conform in any respect to the applicable
provisions of this chapter, and of all signs not licensed by the Borough.
To cover the cost of inspection of all signs, as required by this
section, the owner of every sign located in the Borough shall annually,
on or before the first day of January, pay a license or inspection
fee to the Borough Building Inspector, as compensation to him for
his duties under this section. The rate of such fee in each case shall
be based upon the area of such sign and is hereby fixed as established
from time to time by resolution.
[Amended 11-11-1963 by Ord. No. 470; 12-10-1990 by Ord. No. 835]
Upon receiving any report from the Borough Building Inspector as provided in § 499-7 of this chapter, the Council shall notify the owner of such sign, or of the property upon which such sign is located, in the case of an unlicensed sign, directing that, within 15 days after such notice, such person either remove such signs or make repairs as necessary, or, where the report is merely of an unlicensed sign, pay such license fee. In case of an unsafe sign not removed or repaired and made safe in ever respect thereby, the Borough Council may, at the expiration of such period of 15 days, cause the removal of such sign, or of any unsafe portion thereof if, in the opinion of the Council, the removal of such portion would be sufficient to eliminate all sources of danger to the public, and may collect the cost of such removal, together with a penalty of 10% in additional thereto, from the owner of such sign, or of such property, as the case may be, in the manner provided by law.
The following regulations shall apply to all signs located in
the Borough of Folcroft:
A.
No sign shall be erected or located so as to prevent free ingress
to or egress from any window, or door or fire escape of or upon any
building, nor shall any sign be attached to any fire escape.
B.
Every sign erected, repaired, altered, relocated or enlarged in the
Borough under a permit issued under this chapter shall have displayed
upon the front thereof, the name of the owner of such sign and the
number of the permit issued therefor.
C.
Every electrical device and all electric wiring installed for any
purpose upon any sign or placed within such sign or constructed on
the outside of such sign shall conform to the requirements of the
Electrical Code of the Borough.
D.
No sign shall be so erected or located that, by reason of its location,
shape or color, or the color, shape or location of the lights used
in conjunction therewith, such sign might interfere with traffic or
be confused with or obstruct the view or effectiveness of any official
traffic sign, traffic signal or traffic marking.
E.
No sign painted or printed on paper or fabric or other similar material
or substance which is particularly flammable or flimsy material shall
be posted or otherwise secured to any projecting sign, awning, or
canopy.
F.
Every sign erected or located within the fire limits of the Borough,
as now or hereafter prescribed, shall be constructed entirely of metal
or other nonflammable material, with the exception of any ornamental
molding thereof.
H.
No lewd, vulgar, indecent or obscene advertising matter, as these
words are interpreted by the courts of this state and of the United
States Government, shall be displayed upon any sign.
I.
No sign nor any posts, supports or braces therefor shall be constructed,
erected or located upon any sidewalk, street or Borough property.
J.
Illuminating arrangements for signs shall be such that the light
is concentrated upon such sign and that there shall be no glare cast
upon the street, the sidewalk, or adjacent property.
L.
Signs, letters, posters and advertisements which are tacked, pasted,
ties or otherwise affixed to poles, posts, buildings, fences or other
structures located on public property or within the public rights-of-way
of Folcroft Borough are prohibited. Temporary, nonpermanent signs
providing notice of community and civic events shall be excluded from
this prohibition. In addition to any other penalty provided for in
this chapter, such prohibited signs may be removed by the Borough
of Folcroft.
[Amended 2-22-2017 by Ord. No. 2017-01]
[Amended 8-19-1986 by Ord. No. 799]
Every ground sign erected upon a support sunk into the ground, and not attached to any building, shall conform to all the requirements contained in this § 499-10:
A.
Every ground sign, and all the parts thereof, shall be located entirely
within the building line.
B.
Every ground sign shall be metal clad, fastened to or placed on metal
or wooden supports, which shall be sunk into the ground and shall
be substantially braced and constructed.
C.
No ground sign shall, at any point be more than 20 feet above the
level of the street upon which such sign faces, or, if the ground
level is above the street level, more than 20 feet above the ground
level.
D.
Between each ground sign and the ground there shall be an open space
of at least two feet; such open space may be filled in with latticework
or with a platform, provided that nor more than 1/2 of any square
foot of such open space shall be so filled in.
E.
No ground sign shall be closer than 10 feet to any other ground sign,
building or other structure.
F.
If any ground sign has letters, figures or other representatives
superimposed thereupon or maintained in connection therewith, the
same shall be securely built or attached to any sign and shall be
subject to the special inspection of the Borough Building Inspector
in order to determine the security thereof.
G.
With respect to any and all such signs or other device for advertising
purposes, including billboards, all such erections shall promote only
the interests of the business located upon the lot wherein it is situated.
H.
All signs now existing contrary to the provisions of this chapter
shall be removed within six months after the approval of this chapter.
Every wall sign, which shall be a flat sign, of solid face construction,
which is placed against a building or other structure and fastened
directly thereto, shall conform to all the requirements of this section:
A.
No sign shall be erected upon any wall of any building so as to project
above the roof cornice or above the roof level where there is no cornice
or parapet wall.
B.
Every wall sign, if not constructed entirely of nonflammable material,
shall have a sheet-metal face.
C.
Every wall sign shall be securely fastened to the building or other
structure against which it is placed.
D.
No wall sign or any part thereof shall project more than six inches
beyond the building line.
E.
If any wall sign is illuminated by a reflector, such reflector shall
not project beyond the building line unless such reflector shall be
at least 10 feet above the surface of the sidewalk, and unless such
reflector is equipped with a wire mesh guard. In no case may any reflector
or any of its supports extended closer than 12 inches from the curbline.
Every roof sign, which shall be any sign erected upon the roof
of any building or other structure, shall conform to all of the requirements
contained in this section:
A.
Every roof sign, including the supports thereof, shall be constructed
entirely of metal, but decorative molding or latticework shall be
permitted upon any such sign.
B.
No portion of a roof sign shall extend beyond the building line or
beyond any exterior wall of any building.
C.
No roof sign shall be erected or located upon any wooden roof.
D.
Every roof sign shall be constructed so as to leave a clear space
of at least four feet from the roof level to the lowest portion of
the sign itself, and at least five feet between the vertical supports
of such sign.
E.
Every roof sign and all supports thereof shall be set back at least
six feet from the face of the front and rear walls of the building
upon which such sign is constructed.
F.
Every roof sign shall be so located as not to interfere with any
opening in the roof upon which it is constructed, and as not to interfere
with passage from one part of such roof to any other part thereof.
G.
No part of any roof sign shall be more than 30 feet above the surface
of the roof.
Every projecting sign, which shall mean any sign, other than
a wall sign or roof sign, that shall be attached to any building or
other structure, shall conform to all of the requirements contained
in this section:
A.
Every projecting sign shall be constructed entirely of incombustible
materials.
B.
Where glass is used in the construction of any projecting sign, such
glass shall not comprise more than 40% of the total area of the sign
surface.
C.
Every projecting sign shall be electrically illuminated, so as to
light the street, sidewalk or other public place above which such
sign projects, and shall be lighted every night, except Sunday, from
the time that the streetlights are turned on until at least 11:30
p.m.
D.
No projecting sign shall be a swinging sign.
E.
No projecting sign shall project more than seven feet beyond the
property line into or in the direction of the street, nor shall any
portion of any projecting sign be closer than 18 inches inside of
the outer curbline.
F.
No portion of any projecting sign shall be less than 12 feet above
the surface of the sidewalk or highway above which such sign projects.
G.
No projecting sign shall have a greater area on one side than 50
square feet, except that a projecting sign, the height of which is
greater than the width thereof, may have an area on one side of not
more than 100 square feet.
[Amended 11-21-2006 by Ord. No. 990]
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof, shall be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.
[Amended 10-9-1967 by Ord. No. 520; 11-21-2006 by Ord. No. 990]
A.
Any applicant for a permit to construct, repair, alter, locate or
relocate signs in the Borough of Folcroft under the provisions of
this chapter who is refused a permit for any such request may appeal
to the Zoning Hearing Board of the Borough of Folcroft.
B.
The Zoning Hearing Board shall have the power to hear and decide
appeals from any refusal from the Building Inspector to issue a permit
for a sign under this chapter.
C.
Said Zoning Hearing Board shall have power to grant such variances
as will not be contrary to the public interest, where, owing to special
conditions, a literal enforcement of this chapter would inflict special
hardship or unwarranted expense.
D.
The Zoning Hearing Board may hear and decide appeals herein without
requiring the usual deposit, advertising, and formal hearing as in
zoning appeals, but shall do so in their discretion when deemed necessary.
