Section 445.9. Erection, maintenance and repair of signs

(a) Application. This section applies to signs erected or controlled under this chapter or the act.

(b) Use of limited access highway right-of-way prohibited. A sign may not be erected, maintained or repaired from a portion of a limited access highway right-of-way. Sign owners or others responsible for the erection, maintenance or repair of a sign shall be required to perform these functions from areas maintained or controlled by them; nor may a vehicle be used in conjunction with an activity, be parked or stood within the limited access highway right-of-way.

(c) Preservation of vegetation. Vegetation located in the highway right-of-way may not be destroyed, damaged, removed or disturbed in maintaining, repairing or erecting a sign.

(d) Penalty for violation of section. Penalty for violation of this section shall comply with the following:

(1) Penalty. Penalty shall be as follows:

(i) Except as provided in paragraph (2), if a landowner or sign owner or their employees or agents violate a provision of this section, the permit for the sign shall be revoked and the sign owner shall be required to remove the sign in the manner set forth in § 445.8(c) (relating to abandoned signs).

(ii) If a sign permit is revoked under this section, a permit will not be issued to the sign owner for a sign within 500 feet of the original sign; nor will a permit be issued to another person for a sign within 500 feet of the original sign for 1 year from the removal of the original sign.

(2) Payment in lieu of removal. Payment in lieu of removal shall include:

(i) In the case of a first offense, the Department will, in lieu of removal of the sign under paragraph (1), accept payment of $100 for a violation of subsection (b) or double the value of the vegetation for a violation of subsection (c).

(ii) If the Department accepts payment in lieu of removal under subparagraph (i), the owner of the sign will be required to post a bond, in a form acceptable to the Department, to guarantee payment of removal costs of the sign in the event of a subsequent violation of this section with reference to the sign.

(e) Grounds for denial of permit. The Department will deny a permit for an outdoor advertising device if it determines that the device cannot be serviced in a feasible manner except from the right-of-way of a limited access highway, or that the device would not be visible from the highway without destruction, damage, removal or disturbance of vegetation in the highway right-of-way.

(f) Hearing. A person notified of the revocation or denial of a permit under this section shall be granted a hearing by the Department hearing officer if a request is made within 30 days of the date of the notice revoking or denying the permit. A request for a hearing shall operate to stay the revocation of a permit pending disposition of the hearing.

The provisions of this § 445.9 adopted May 21, 1976, effective May 22, 1976, 6 Pa.B. 1135; renumbered and amended September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3095; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial page (250453).

Notation

Authority

The provisions of this § 445.9 amended under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.