§ 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 amended under the Administrative Agency Law, 2 Pa.C.S. § § 501508 and 701704.
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).
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