Ordinance Amending Chapter 114

ORDINANCE NO. _____

AN ORDINANCE OF THE TOWNSHIP OF SPRINGFIELD, MONTGOMERY COUNTY, PENNSYLVANIA, AMENDING CHAPTER 114, ZONING; ARTICLE n, DEFINITIONS; ARTICLE XI, INDUSTRIAL DISTRICT; AND ARTICLE XIV, SIGNS; TO AMEND THE DEFINITION SECTION OF THE ZONING CODE BY ADDING A DEFINITION OF BILLBOARD; ESTABLISHING THE CONSTRUCTION AND MAINTENANCE OF BILLBOARDS AS A PERMITTED USE IN THE INDUSTRIAL ZONING DISTRICT; AND TO SET FORTH REGULATIONS WITHIN THE PERMITTED SIGNS SECTION OF THE CODE; REPEALING ALL INCONSISTENT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the Board of Commissioners of Springfield Township, Montgomery County, Pennsylvania has enacted the Springfield Township Zoning Ordinance which contains, inter alia, provisions governing signs in Springfield Township; and

WHEREAS, the business of erecting and operating off-premises advertising signs is a legitimate business use in Pennsylvania as recognized by the Pennsylvania courts; and

WHEREAS, the Board of Commissioners of Springfield Township desires to provide for off-premises advertising signs in Springfield Township in the Industrial Zoning District and to provide use regulations applicable to off-premises advertising signs.

NOW, THEREFORE, BE IT RESOLVED and it is hereby ORDAINED by the Board of Commissioners of Springfield Township, Montgomery County, Pennsylvania, and it is hereby enacted and ordained by authority of same as follows:

SECTION I: Chapter 114, Zoning, of the Springfield Township Code, is amended to add as follows:

Section 114-21 Definitions.

Billboard: A sign which has a size area larger than 40 square feet and which directs attention to a business, commodity, service, entertainment, facility, public cause or other subject matter not located, conducted, sold or offered upon the premises where such sign is located

Section 114-121 Permitted Uses.

Q. Billboards when constructed and maintained in a manner consistent with Section H4-144J.

Section 114-144.J. Purpose and Intent. The purpose is to provide an area for the placement of off-premises advertising signs, aka billboards, in the Township; to provide regulations for such signs, to provide standards for construction of such signs, and to locate such signs so that they are not adverse to the health, safety and general welfare of the residents of Springfield Township.

1. An off-premises advertising sign, also known as a billboard, shall be permitted in the Industrial Zoning District subject to the following requirements:
   1. Size of Sign. An off-premises advertising sign may not exceed 400 sq. feet Per side in area, with a maximum length of 20 feet and a maximum width of 20 feet.
   2. Height and Location of Sign. The maximum height of an off-premises advertising sign shall be the minimum necessary in order for the sign to be reasonably viewed by the intended motorists and in no event higher than 35 feet measured from ground level upon which the sign support is mounted to the top of the sign. Off-premises advertising signs shall be located no closer than 20 feet from any property line. Off-premises advertising signs may not be located closer than 25 feet from any street measured from the ultimate right-of-way of such street. Off-premises advertising signs may not be located closer than 1,000feet from another off-premises advertising sign measured linearly.
   3. Number of Signs per Lot. There shall be no more than one (1) off-premises advertising sign per lot.
   4. Content. No billboard shall display any content prohibited by 18Pa. CSA §5903.
   5. Lighting. Lighting for off-premises advertising signs is permitted provided That the light is restricted from shining onto other properties located within Springfield Township, and that such lighting shall not take place between 12:00 midnight and sunrise. Lighting fixtures must be placed above the sign and aimed downward, rather than at the bottom of the sign aimed upward toward the sky. All lighting fixtures must be aimed and controlled so as to place their light output only on the face of the sign and not projected past the sign. Internal illumination and computer-controlled electronic displays are prohibited in the Industrial Zoning District.
   6. Lot Size. The minimum lot size for a property on which an off-premises advertising sign may be located is 10,000 sq. ft.
   7. Maintenance of Sign. All off-premises advertising signs shall be structurally sound and maintained in good condition. If the signs are not structurally sound or are in poor condition, the signs shall be immediately removed at the sole cost and expense of the owner of the sign. If an off-premises advertising sign is not structurally sound or remains in poor condition, Springfield Township shall notify the owner of the property on which the sign is located and provide the owner sixty (60) days written notice by certified mail, sent to the owner's last known address, to remove the sign. If the sign is not removed within sixty (60) days of the date of the notice, the Township may remove the sign, and the cost thereof shall be paid by the owner of the property on which the sign is erected. Springfield Township may file a lien against the property or take any action by law to collect the cost of removal if it is not paid by the owner of the property.
   8. Property Boundaries. No part or foundation or support of any outdoor advertising sign shall be placed on, in or over any private property without the written agreement of the property owner. The agreement shall be presented as part of the application for said sign permit.
   9. Landscaping. Landscaping shall be provided at the base of all off-premises advertising signs in order to shield from view the base, structural elements and foundation of the sign. Trees and shrubbery including evergreen and flowering trees of sufficient size and quantity shall be used to achieve the purpose of this section. A landscaping plan which meets the following minimum requirements shall be submitted, reviewed and approved by the Township Engineer:
      1. Five (5) evergreen trees with a height of five feet (5') to six feet (6') planted within a forty foot (40') radius on the sides and rear of the base of the sign;
      2. ii. Four (4) flowering trees with a height of eight feet (8') to ten feet (10') planted within a fifty foot (50') radius on the sides and rear of the base of the sign;
      3. iii. One (1) shrub tree with a height of three feet (3') to four feet (4') for each three (3) lineal feet of road frontage along the parcel or forty (40) shrubs, whichever is greater, to be placed in front of the sign.

         Additional Regulations. All off-premises advertising signs shall comply with any and all applicable zoning regulations not specifically established herein and any and all Township, State and/or Federal regulations, including, but not limited to, the Springfield Township Building Code and all applicable Pennsylvania Department of Transportation regulations. SECTION II: All provisions of the Springfield Township Zoning Ordinance and the Springfield Township Code of Ordinances unaffected by this Ordinance are declared to be in full force and effect. If any provision of the Springfield Township Zoning Ordinance and the Springfield Township Building Code is inconsistent with the provisions of this Ordinance, the provision of this Ordinance shall govern, and the Springfield Township Zoning Ordinance and the Springfield Township Building Code is hereby repealed to the extent of the inconsistency.

SECTION III: The provisions of this Ordinance are declared to be severable. If any provision of this Ordinance is declared by a Court of competent jurisdiction to be invalid or unconstitutional, such determination shall have no effect on the remaining provisions of this Ordinance or on the provisions of the Springfield Township Zoning Ordinance and the Springfield Township Building Code.

SECTION IV: This Ordinance shall become effective immediately upon enactment.