This article shall be known as the "Route 22 Scenic Byway Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Fermanagh as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-14-2010 by Ord. No. 1-2010]
The purpose of this article is to accommodate the "scenic byway" designation along a portion of the Route 22 corridor by prohibiting certain advertising devices along Route 22 in accordance with the parameters set forth in state and federal law, and to enable state or federal funding to be obtained to preserve the natural beauty of this highway and to promote the public welfare.
As used in this article the following words shall have the meaning ascribed:
To construct, build, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance and repair of a sign or sign structure.
The Township of Fermanagh and its Board of Supervisors or designated representatives.
Any outdoor sign, display, light, figure, painting, drawing, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform.
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
Includes any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or public or private corporation.
All persons in possession or control of real estate by reason of a lease, contract, or other legal right or claim, and all persons performing work for the owner or person responsible.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No outdoor advertising device, as defined, may be erected by an owner, person responsible or other person along the portion of Route 22/322 from the center line of the Arch Rock Road intersection with Route 22/322 westward to the county line between Juniata and Mifflin Counties:
A.
Within 660 feet of the nearest edge of the right-of-way of Route 22 if any part of the advertising or informative contents is visible from the main-traveled way, unless otherwise permitted under the Outdoor Advertising Control Act, 36 P.S. § 2718.104(1).
B.
More than 660 feet from the nearest edge of the right-of-way of Route 22 if any part of the advertising or informative contents is visible from the main-traveled way, unless otherwise permitted under the Outdoor Advertising Control Act, 36 P.S. § 2718.104(2).
All outdoor advertising devices constructed and existing on the effective date of this article, which would be prohibited under this article, shall be permitted except that if the device shall not be used for advertising for a period of one year or shall become dilapidated, the device shall be removed.
For purposes of this article, the person or persons holding legal title to property on which a person is maintaining a condition of premises in violation of this article shall be subject to the remedies, penalties and liability imposed by enforcement of the article.
Whenever a condition constituting a violation of this article is found to exist, the municipality or its designated representative shall cause written notice to be served upon the owner(s) of the subject premises, as well as other persons responsible for the outdoor advertising device. Service of this notice may be made by personal delivery to the owners, and other persons responsible, or by mailing the notice to their last known address by certified mail. The notice shall identify the subject property and owner(s), or other persons responsible, describe the conditions of the property which constitute the violation, set forth the application section(s) of the article, and set forth a reasonable time to correct or remedy the violation.
A.
Violation of this article may result in any one or more of the following actions:
(1)
The municipality may order the removal of outdoor advertising devices installed or constructed in violation of the provisions of this article;
(2)
The municipality may institute proceedings before the Magisterial District Judge or in a court of law to recover penalties and costs as provided in this article;
(3)
The municipality may institute an action in equity or at law, to abate the violation and obtain such other relief as is appropriate.
B.
The remedies provided herein for the enforcement of this article, or any remedy provided by law, shall not be deemed mutually exclusive; rather, they may be employed simultaneously or consecutively, at the option of the municipality.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits the violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each section of this chapter that is violated shall constitute a separate offense. Each day a violation shall continue shall constitute a separate violation except for periods of time allowed by the Township for correction or elimination of the violation. No judgment shall be imposed until the date of the determination of a violation by the court.
If the roadway is designated a byway by the Commonwealth of Pennsylvania, Department of Transportation, the municipality shall enforce the prohibitions set forth in this article and shall not revise this article without the prior written approval of the Department. Failure to do so may result in revocation of the byway designation.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
The provisions of this article shall be severable, and if any provisions hereof shall be held to be unconstitutional, invalid or illegal, by any court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this article. It is hereby declared as legislative intent that this article would have been enacted had such unconstitutional, invalid or illegal provision not been included herein.
This article shall become effective five days after enactment.