[Ord. 2005-01, 1/12/2005, § 1]
This Part shall be known as the "Lower Mount Bethel Township
Scenic Byway Ordinance."
[Ord. 2005-01, 1/12/2005, § 2; as amended by Ord.
2011-07, 10/17/2011, § 2]
1.
The purposes of this Part are:
A.
To accommodate the "Scenic Byway" designation of the following routes,
being identified as:
(1)
The portion of Pa. Route 611 from the Forks Township-Lower Mount
Bethel Township municipal boundary line to the intersection of Front
and Main Streets within Martins Creek, Pennsylvania.
(2)
Pa. Route 1004 (known as the Martins Creek-Belvidere Highway)
from its intersection with Pa. Route 611, in the vicinity of Church
Road, to the Riverton Bridge traversing the Delaware River.
(3)
Township Route 659 (known as Little Creek Road) from its intersection
with Pa. Route 611 opposite Alpha Avenue to its northern-most intersection
with Pa. Route 611 (known at this location as North Delaware Drive)
in the vicinity of Pleasant View Road.
(4)
The portion of Pa. Route 611 from the intersection of Front
and Main Streets within Martins Creek, Pennsylvania to the Washington
Township-Lower Mount Bethel Township municipal boundary line.
B.
To prohibit certain advertising devices along said routes in accordance
with the parameters set forth in state and federal law.
C.
To enable state or federal funding to be obtained to preserve the
natural beauty of these roadways.
D.
To promote the public welfare.
[Ord. 2005-01, 1/12/2005, § 3]
As used in this Part 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.
Lower Mount Bethel Township 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.
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.
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.
[Ord. 2005-01, 1/12/2005, § 4]
1.
No outdoor advertising device, as defined, may be erected by any
owner, person responsible or other person:
B.
More than 660 feet from the nearest edge of the right-of-way if the sign is visible from the main-traveled way of the routes set forth in § 17-102 and the purpose of the sign is that its message be read from the main-traveled way of the routes set forth in § 17-102, except as follows:
(1)
The official signs and notices which are required or authorized
by law and which conform to the national standards promulgated by
the Secretary of Transportation of the United States pursuant to 23
U.S.C. § 131 (relating to control of outdoor advertising).
(2)
Outdoor advertising devices advertising the sale or lease of
the real property upon which they are located.
(3)
Outdoor advertising devices advertising activities conducted
on the property on which they are located including devices which
display a message that may be changed at reasonable intervals by electronic
process or remote control.
(4)
Directional signs, including but not limited to, signs pertaining
to natural wonders, scenic and historical attractions and other points
of interest to the traveling public which conform to the national
standards promulgated by the Secretary of Transportation of the United
States pursuant to 23 U.S.C. § 131.
[Ord. 2005-01, 1/12/2005, § 5]
All outdoor advertising devices constructed and existing on
the effective date of this Part, which would be prohibited under this
Part, 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.
[Ord. 2005-01, 1/12/2005, § 6]
For purposes of this Part, the person or persons holding legal
title to property on which a person is maintaining a condition of
premises in violation of this Part shall be subject to the remedies,
penalties and liability imposed by enforcement of the Part.
[Ord. 2005-01, 1/12/2005, § 7]
Whenever a condition constituting a violation of this Part is
found to exist, the Township 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 applicable section(s) of the Part, and set forth a reasonable
time to correct or remedy the violation.
[Ord. 2005-01, 1/12/2005, § 8; as amended by A.O.]
1.
Violation of this Part may result in any one or more of the following
actions:
A.
The Township may order the removal of outdoor advertising devices
installed or constructed in violation of the provisions of this Part.
B.
The Township may institute proceedings before the magisterial district
judge or in a court of law to recover penalties and costs as provided
in this Part.
C.
The Township may institute an action in equity or at law, to abate
the violation and obtain such other relief as is appropriate.
2.
The remedies provided herein for the enforcement of this Part, 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 Township.
[Ord. 2005-01, 1/12/2005, § 9; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon being found liable therefore in a civil enforcement
proceeding, pay a fine of not more than $1,000 for each violation,
together with all court costs including reasonable attorneys'
fees, incurred by the Municipality and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 2005-01, 1/12/2005, § 10]
If the roadway is designated a byway by the Commonwealth of
Pennsylvania, Department of Transportation, the Township shall enforce
the prohibitions set forth in this Part and shall not revise this
Part without the prior written approval of the Department. Failure
to do so may result in revocation of the byway designation.
