[Ord. No. 2012-1,[1] 5/14/2012]
1.Â
The purpose of this chapter is to provide regulations governing existing,
proposed and future billboards of all types located in the community
of Forward Township. It is intended to protect property values while
creating a favorable economic and business climate. It is further
intended hereby to reduce billboard distractions and obstructions
that may contribute to traffic accidents and to reduce hazards that
may be caused by billboards overhanging or projecting over public
rights-of-way, provide more visual open space and prevent the deterioration
of the community's appearance and attractiveness.
2.Â
This chapter is intended to promote billboards which convey their
messages in a clear and simple manner while not representing a public
nuisance in terms of a distraction to motorists or a visual blight
to nearby residents. Therefore, the community is affected by the concentration,
size, construction and graphic design of billboards located within
its confines and should be regulated in the public interest.
3.Â
The regulations herein are designed to prevent the improper placement,
excessive height, number and area of billboards (both existing structures
and those approved in the future). It is also recognized that, unlike
on-premises signs which are actually a part of a business, billboards
serve a separate and distinct use of the public thoroughfare. Furthermore,
for the purposes of this chapter, billboards are considered by the
Township as an accessory to the principal use when located on the
same lot as that of a business. With a view to this distinction, billboards
are regulated differently from on-premises signs.
4.Â
Billboards should be regulated to protect the character of the area
wherein billboards are located and to safeguard the property values
in these same areas.
[Ord. No. 2012-1, 5/14/2012]
1.Â
Having received guidance from the Forward Township Planning Commission
concerning the proliferation of billboards in Forward Township, the
Board of Supervisors of Forward Township hereby finds that the existence
and propagation of billboards concentrated along several of the Township's
main thoroughfares has placed the Township in danger from visual.[1]
[1]
Editor's Note: So in original.
2.Â
More recently, having discovered the inadequacy of the Township's
existing ordinances in allowing and regulating billboards, the Board
of Supervisors of Forward Township hereby finds that billboards may
be allowed in appropriate areas as long as these structures conform
to the specifications for such billboards as outlined within this
chapter.
3.Â
In addition, billboards are by their nature designed to attract attention,
and therefore, billboards placed within sight of Forward Township
roadways are intended to distract drivers, as well as pedestrians.
Therefore, traffic safety can only be furthered by reasonable and
appropriate limitations upon billboards in Forward Township, which
includes a number of heavily traveled thoroughfares.
4.Â
Having considered research conducted by the Township Planning Commission,
the following ordinance was created to also allow the display of billboards,
under specified conditions, within Forward Township in a way that
supports the intent described in this chapter, without being arbitrary
or overly restrictive in nature.
5.Â
Off-site billboards, with their periodically changing content, present
special aesthetic and traffic safety problems. In addition, owners
of businesses have a unique interest in advertising the activities
on the premises of their businesses, to which weight must be given.
It is not the intent of this chapter to place undue hardship on business
owners within the Township and regulate on-premise signs, except in
cases where such signs pose the additional problem of being rooftop,
flashing, rotating, or animated.
6.Â
Therefore, the Board of Supervisors for Forward Township hereby enacts
this chapter, placing new restrictions upon the display of billboards
within the Township.
[Ord. No. 2012-1, 5/14/2012]
As used in this chapter, the following terms shall have the
meanings indicated:
A billboard that incorporates neon tubes, liquid crystal
displays (LCDs), light-emitting diodes (LEDs) or moving panels so
as to depict movement, activity, or a change of image.
An outdoor advertising sign (sign) which has an area larger
than 50 square feet and which directs attention to a business, commodity,
service, entertainment, facility or other subject matter not located,
conducted, sold or offered upon the premises where such sign is located.
A sign may also call public attention to a candidate, cause, public
issue or other such subject matter. For purposes of this chapter,
a sign can be a freestanding, roof-mounted or wall-mounted structure
surface.
[Ord. No. 2012-1, 5/14/2012]
1.Â
Billboards shall be allowed only upon approval of the Board of Supervisors
after a review by the Planning Commission. Proposed new billboards
shall only be allowed in an area which covers the area of land at
least 25 feet but not more than 100 feet from the road right-of-way
line of any Township-owned road in Forward Township. As for billboards
erected adjacent to state roads, the State of Pennsylvania billboard
provisions for billboard location will prevail unless they are less
restrictive. Each proposed billboard shall be allowed, subject to
the following regulations:
A.Â
Billboard Size. A maximum of two sides are allowed per billboard.
The area of a billboard shall not exceed 336 square feet on each of
not more than two sides of the billboard.
B.Â
Height. The highest portion of a billboard shall not exceed 35 feet
in height measured from the elevation of the grade of road adjacent
to the billboard. The elevation of the grade is defined as the point
on the center line of the road which is perpendicular to the billboard
location.
C.Â
Face Material. Billboards shall use vinyl wrap or a material of equivalent
durability.
D.Â
Illumination and Animation. Illumination of billboards shall be allowed
based upon the following standards.
(1)Â
The billboard and the lighting thereof shall be effectively
shielded so as to prevent beams or rays of light from being directed
at a portion of the traveled ways of the State and Township roadways,
and shall not cause glare or impair the vision of the driver of a
vehicle.
(2)Â
The billboard shall not be so illuminated that it interferes
with the effectiveness of or obscures an official traffic sign, device,
or signal.
(3)Â
All lighting from billboards must not have image changes.
(4)Â
Any billboard which contains, includes or is illuminated by
a flashing, intermittent or moving light or lights, or is animated
as defined by this chapter, shall be prohibited.
[Ord. No. 2012-1, 5/14/2012]
1.Â
The location of each billboard shall comply with the following separation
requirements:
[Ord. No. 2012-1, 5/14/2012]
No billboard shall overhang a public or private right-of-way
nor shall it interfere with a three-hundred-foot line of sight in
any direction at an intersection.
[Ord. No. 2012-1, 5/14/2012]
1.Â
The billboard structure shall be entirely painted upon initial construction
and at a minimum of every five years thereafter from the date of installation,
unless constructed of an approved corrosive-resistant material.
2.Â
Every five years (at a minimum), the owner of the billboard which
was erected following issuance of a Forward Township billboard permit
shall have a structural inspection made of the billboard by a qualified
Pennsylvania registered professional engineer and shall provide the
Township a certificate from the engineer certifying that the billboard
is structurally sound. All costs associated with this inspection are
the responsibility of the owner of the billboard.
3.Â
Within 21 days of suspected structural damage resulting from either
a natural or man-made event and as determined by the Board of Supervisors,
the billboard owner is required to provide the Township with an engineer's
certification of structural integrity.
4.Â
Billboards found to be in violation of this chapter shall be brought
into compliance or removed within 30 days upon proper notification
of noncompliance by the Township. All costs associated with this provision
are the responsibility of the owner.
5.Â
Billboards using removable paper or other materials shall be maintained
in such condition as to eliminate loose or frayed material protruding
or hanging from the structure. All paper and other waste materials
shall be removed from the site and disposed of properly whenever any
sign face is changed and after all other maintenance of the structure
is completed.
6.Â
Landscaping shall be regularly maintained through the growing season.
7.Â
All costs associated with maintaining a billboard structure are the
responsibility of the owner and are not reimbursable by Forward Township.
If the Township requests and is charged for an engineering certification
or other professional inspection service, the Township will be granted
a right to collect reimbursement of any fees from the billboard owner.
[Ord. No. 2012-1, 5/14/2012]
1.Â
The applicant for a billboard permit to erect a billboard shall provide
a certificate of insurance for public liability and property damage
which indemnifies and holds the Township, its agents, successors and
assigns harmless. The amount of insurance to be maintained shall be
determined and adjusted from time to time by the Township but shall
be no less than $1,000,000 bodily injury and $1,000,000 property damage
on both a per-occurrence basis and annual aggregate basis. The insurance
certificate shall contain a clause stating that the insurance shall
not be cancelled or reduced without first giving 30 days' written
notice to the Township.
2.Â
On an annual basis, the billboard owner will supply the Township
with a current copy of the certificate of insurance, which will be
kept on file at the Township office.
[Ord. No. 2012-1, 5/14/2012]
Forward Township is to be notified within 45 days of a change
in ownership of any billboard at which time all inspections, maintenance
and fee provisions of this chapter will be required and enforceable
against the new owner. Similarly, Forward Township shall be notified
within 45 days of the owner entering into a sublease agreement for
the billboard at which time all inspections, maintenance and fee provisions
of this chapter shall remain the responsibility of the owner.
[Ord. No. 2012-1, 5/14/2012]
Application for a billboard permit shall be accompanied by an
application and fee in accordance with the Forward Township prevailing
fee schedule. The application must be renewed annually with payment
of the applicable permit renewal fee in accordance with the Township's
prevailing fee schedule. The term of the permit shall be from January
1 to December 31 of a calendar year. The Township's fee schedule
for billboards is based upon the amount of gross sign area square
footage, per sign face, measured in square feet.
[Ord. No. 2012-1, 5/14/2012]
