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Lower Chichester Township
City Zoning Code

CHAPTER 1287

Billboards

1287.01 INTENT AND PURPOSE.

   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 Township area without difficulty and confusion, to encourage the general attractiveness of the community and to promote property values therein.
(Ord. 01-2.  Passed 11-19-01.)

1287.02 MINIMUM REQUIREMENTS.

   The provisions of this chapter shall be held to be the minimum requirements necessary for the promotion and protection of the public health, safety, comfort, morals and convenience.
(Ord. 01-2.  Passed 11-19-01.)

1287.03 PREVAILING PROVISIONS.

   If any provision or requirement of this chapter is found to be in conflict with any other provisions or requirement or of any other governmental regulation of any kind, the provisions of this chapter shall prevail.
(Ord. 01-2.  Passed 11-19-01.)

1287.04 DEFINITIONS.

   In the construction of this chapter and any subsequent amendment, the definitions contained in this section shall be observed and applied:
   (a)   "Billboards" and "off-premises signs" means a sign 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.
(Ord. 01-2.  Passed 11-19-01.)

1287.05 CONFORMANCE WITH REGULATIONS.

   All permanent signs permitted by this chapter shall be construed 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 chapter shall have affixed in a conspicuous place thereon, the following information:
   (a)   The date of erection;
   (b)   The sign permit number;
   (c)   The sign permit expiration date; and
   (d)   The voltage of any electrical apparatus used in connection therewith.
(Ord. 01-2.  Passed 11-19-01.)

1287.06 BILLBOARDS ALONG I-95.

   One billboard or off-premises sign may be erected, construed or maintained only on property bordering I-95.
(Ord. 01-2.  Passed 11-19-01.)

1287.07 SIZE RESTRICTIONS.

   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 five and one-half feet above the sign face, two feet on either side and one and one-half feet below the basic sign face area.
(Ord. 01-2.  Passed 11-19-01.)

1287.08 LOCATION OF SIGNS.

   (a)   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, unless approved by special exception.
   (b)   An off-premises sign or billboard shall not be located with 150 feet of the centerline 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.
   (c)   An off-premises sign or billboard shall only be permitted in those areas designated in Section 1287.06.
(Ord. 01-2.  Passed 11-19-01.)

1287.09 HEIGHT PROJECTION.

   An off-premises sign or billboard shall not project higher than thirty feet as measured from the grade of the principal adjacent roadway intended for viewing to the bottom of said sign.
(Ord. 01-2.  Passed 11-19-01.)

1287.10 SITE PLAN REQUIRED.

   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 chapter.
(Ord. 01-2.  Passed 11-19-01.)

1287.11 CERTIFICATION OF SAFETY OF BILLBOARD.

   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.
(Ord. 01-2.  Passed 11-19-01.)

1287.12 PERMIT REQUIRED.

   No person may erect, alter, or relocate within Lower Chichester Township, any off-premises sign or billboard without first obtaining a sign permit from the Code Enforcement Officer and paying the required fee.
(Ord. 01-2.  Passed 11-19-01.)

1287.13 APPLICATION FOR SIGN PERMIT.

   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 specification 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 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.
(Ord. 01-2.  Passed 11-19-01.)

1287.14 ISSUANCE OF PERMIT.

   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 chapter and in conformance with the other applicable ordinances of the Township 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 ninety days after the date of issuance, the permit shall become null and void unless otherwise extended by the Code Enforcement Officer.
(Ord. 01-2.  Passed 11-19-01.)

1287.15 SIGN PERMIT APPLICATION FEE.

   Each sign required by this chapter requiring a sign permit shall pay a sign permit application fee of fifty dollars ($50.00).  In addition thereto, all other building permits shall be obtained and applicable fees paid.
(Ord. 01-2.  Passed 11-19-01; Res. 2001-08.  Passed 11-19-01.)

1287.16 ANNUAL LICENSE FEE.

   An annual license fee of one thousand dollars ($1,000) shall be paid for each billboard constructed.  An annual license fee schedule shall be adopted by the Township Board of Commissioners.
(Ord. 01-2.  Passed 11-19-01; Res. 2001-07.  Passed 11-19-01.)

1287.17 REVOCATION OF LICENSES.

   All rights and privileges acquired under the provisions of this chapter are mere licenses and, as such, are at any time revocable for just cause by the Township.  All permits issued pursuant to this chapter are hereby subject to this provision.
(Ord. 01-2.  Passed 11-19-01.)

1287.18 ADMINISTRATION AND ENFORCEMENT.

   The Code Enforcement Officer is hereby designated as the enforcement officer for this chapter.  The 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 chapter.
   (b)   Conduct an annual or more frequent inspection of all off-premises signs or billboards displayed in the Township to insure compliance with the provisions of this chapter.
   (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 non-conformance with this chapter.
   (d)   After due notice, cause the removal of certain signs which are found to be in non-conformance with one or more of the provisions of this chapter.
   (e)   Render, when called to do so, administrative interpretations regarding the provisions of this chapter and their effect on the display of any sign located or to be located in the Township.
   (f)   Maintain all records necessary to the appropriate administration and enforcement of this chapter.
(Ord. 01-2.  Passed 11-19-01.)

1287.19 ENFORCEMENT REMEDIES.

   Any person, partnership, or corporation, who or which has violated the provisions of this chapter, shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than five hundred dollars ($500.00) plus all court costs, including reasonable attorney's fees incurred by the Township 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 district justice.  If the defendant neither paid nor timely appeals the judgment, the Township 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 district justice determines that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter 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 district justice and thereafter each day that a violation continues shall constitute a separate violation.
(Ord. 01-2.  Passed 11-19-01.)