THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY O'NEILL, CREIGHTON, GEIST, HENNESSEY, JOSEPHS, MELIO, MOUL, MURT, PETRI, READSHAW, SIPTROTH, VULAKOVICH, WATSON AND YOUNGBLOOD, APRIL 8, 2009

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 8, 2009  

AN ACT

Authorizing municipalities to acquire highway corridor

conservation easements; and providing for highway corridor

overlay zoning and for outdoor advertising permits.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Highway

Corridor Enhancement Act.

Section 2.  Purpose.

The purpose of this act is:

(1)  To provide municipalities with alternative means to

retain or protect, for the public and economic benefit, the

natural, historical, architectural, archeological, cultural,

scenic or open space values of real property along public

highway corridors.

(2)  To better enable municipalities to control the

erection and maintenance of outdoor advertising devices in

areas along the highways within this Commonwealth in order:

(i)  To assure the reasonable, orderly and effective

display of outdoor advertising while protecting the

public investment in the Federal, State and local

highways.

(ii)  To promote the welfare, convenience and

recreational value of public travel.

(iii)  To preserve natural beauty.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Comprehensive plan."  A municipal, multimunicipal or county

comprehensive plan as delineated in the act of July 31, 1968

(P.L.805, No.247), known as the Pennsylvania Municipalities

Planning Code.

"Department."  The Department of Transportation of the

Commonwealth.

"Highway."  A portion of right-of-way that is open to the use

of the public for purposes of vehicular travel. The term does

not include an unimproved right-of-way, private road or drive.

"Highway corridor conservation easement."  A nonpossessory

interest in real property, whether appurtenant or in gross,

imposing limitations or affirmative obligations, the purposes of

which may include, but are not limited to:

(1)  retaining or protecting for the public and economic

benefit the natural, scenic or open space values of real

property adjacent to or within view of highways;

(2)  assuring its availability for agricultural, forest,

recreational or open space use;

(3)  protecting, conserving or managing the use of

natural resources;

(4)  protecting wildlife;

(5)  maintaining or enhancing land, air or water quality

or preserving the historical, architectural, archaeological

or cultural aspects of real property adjacent to, or within

view of, highways. Such interest may impose limitations on

the use of the property for outdoor advertising devices for

such purposes.

"Land trust."  A charitable corporation, charitable

association or charitable trust that is registered with the

Bureau of Charitable Organizations of the Department of State

and is exempt from taxation pursuant to section 501(c)(3) of the

Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

501(c)(3)) or other Federal or Commonwealth statutes or

regulations, the purposes or powers of which include:

(1)  retaining or protecting the natural, scenic,

agricultural or open space values of real property;

(2)  assuring the availability of real property for

agricultural, forest, recreational or open space use;

(3)  protecting, conserving or managing the use of

natural resources;

(4)  protecting wildlife;

(5)  maintaining or enhancing land, air or water quality;

or

(6)  preserving the historical, architectural,

archaeological or cultural aspects of real property.

"Municipality."  Either of the following:

(1)  a municipal corporation as defined in 1 Pa.C.S. §

1991 (relating to definitions) or any similar general purpose

unit of local government; or

(2)  a unit created by joint action of two or more

municipalities that is authorized to be created by the

General Assembly, including cooperation by two or more

municipalities in accordance with 53 Pa.C.S. Ch. 23 Subch. A 

(relating to intergovernmental cooperation).

"Outdoor advertising device."  An outdoor sign, display,

light, figure, painting, drawing, message, plaque, poster,

billboard or other object that is designed, intended or used to

advertise or inform. The term does not include:

(1)  An official sign and notice that is required or

authorized by law and conforms 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)  An outdoor advertising device that advertises the

sale or lease of the real property on which it is located.

(3)  An outdoor advertising device that advertises an

activity conducted on the property on which it is located.

(4)  A directional sign including, but not limited to, a

sign pertaining to natural wonders, scenic and historical

attractions and other points of interest to the traveling

public that conforms 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).

(5)  An outdoor advertising device in the specific

interest of the traveling public that is authorized to be

erected or maintained by the Secretary of Transportation of

the Commonwealth and is designed to give information in the

interest of the traveling public.

"Right-of-way."  The entire area of land contiguous with and

including a highway, that either:

(1)  the Department of Transportation or a municipality

has acquired for highway purposes; or

(2)  the Department of Transportation or a municipality

otherwise has lawful rights of access, occupation,

construction and maintenance for highway purposes.

"Secretary."  The Secretary of Transportation of the

Commonwealth.

Section 4.  Highway corridor conservation easements.

(a)  Authorization.--In accordance with the act of June 22,

2001 (P.L.390, No.29), known as the Conservation and

Preservation Easements Act, a land trust or municipality may

acquire by purchase, contract, gift or devise a highway corridor

conservation easement.

(b)  Scope.--A highway corridor conservation easement may

encompass an entire fee simple interest in a parcel or real

property or any portion thereof or an estate therein.

(c)  Assessment.--

(1)  A highway corridor conservation easement interest

acquired by a municipality or a land trust under this act

shall be held for public purpose and shall be exempt from

taxation.

(2)  The assessment of a private interest in land subject

to a highway conservation easement interest under this act

shall reflect any change in market value of the property that

may result from the acquisition of a conservation easement

interest by a municipality or a land trust.

(d)  Limitations and planning requirements.--

(1)  (i)  A municipality may not acquire a highway

corridor conservation easement unless the real property

has been designated for any of the purposes of such an

easement in a park, recreation and open space plan, or

its equivalent, or a comprehensive plan recommended by

the planning commission of the municipality in which the

real property is located and adopted by the governing

body of that municipality.

(ii)  Where the municipality in which the real

property to be acquired is located has no planning

commission, the municipality may not acquire a highway

corridor conservation easement unless the real property

has been designated for any of the purposes of such

easement in a park, recreation and open space plan, or

its equivalent, or a comprehensive plan approved by the

planning commission of the county in which the real

property is located and adopted by the governing body of

the municipality wherein the real property is located.

(2)  The use of a highway corridor conservation easement

may not serve a de facto exclusionary purpose if the highway

corridor conservation easement is acquired or held by a

municipality.

(e)  Construction.--Nothing contained in this section shall

be construed as altering, modifying or superseding either the

method of creating an agricultural conservation easement or the

rights, duties, powers and obligations appurtenant to such

easements under the provisions of the act of December 19, 1974

(P.L.973, No.319), known as the Pennsylvania Farmland and Forest

Land Assessment Act of 1974, the act of June 30, 1981 (P.L.128,

No.43), known as the Agricultural Area Security Law, and

preservation of coal rights as provided in section 9 of the

Conservation and Preservation Easements Act.

Section 5.  Highway corridor overlay zoning.

(a)  Establishment of highway corridor overlay districts.--

Pursuant to the act of July 31, 1968 (P.L.805, No.247), known as

the Pennsylvania Municipalities Planning Code, a municipality

may establish a highway corridor overlay district within 660

feet of the nearest edge of the right-of-way of any highway or

portion of a highway within the municipality in order to further

promote the purposes of this act. The zoning ordinance or

amendment thereto establishing the highway corridor overlay

district may include, but shall not be limited to, any of the

following:

(1)  Restrictions of commercial or industrial use or

development of property within the district, including

limitations on the use of property for outdoor advertising

devices.

(2)  (i)  Restrictions on destruction, damage,

disturbance or removal of vegetation within the district

for a purpose other than for agriculture, farming,

forestry or parks and recreation.

(ii)  Nothing contained in this paragraph shall be

construed as altering, modifying or superseding the

provisions of the act of December 20, 1983 (P.L.293,

No.79), known as the Highway Vegetation Control Act.

(3)  Provisions for the abandonment and removal of any

lawful use of property deemed nonconforming by the enactment

of the zoning ordinance or amendment establishing the

district.

(b)  Consent required for removal of lawful use.--Any lawful

use of property deemed nonconforming by the establishment of a

highway corridor overlay district and not abandoned may not be

removed without the consent of the owner thereof unless just

compensation is paid in accordance with law.

(c)  Limitation.--The enactment or enforcement of a zoning

ordinance or amendment establishing a highway corridor overlay

district may not prohibit an otherwise lawful use of property

from occurring anywhere within the municipality.

(d)  Plans required.--

(1)  Highway corridor overlay zoning shall be designated

in a park, recreation and open space plan, or its equivalent,

or a comprehensive plan recommended by the planning

commission of the municipality in which the real property is

located and adopted by the governing body of that

municipality.

(2)  Where the municipality in which highway corridor

overlay zoning is proposed has no planning commission, a

municipality may not establish a highway corridor overlay

district unless it has been designated in a park, recreation

and open space plan, or its equivalent, or a comprehensive

plan approved by the planning commission of the county in

which the real property is located and adopted by the

governing body of the municipality wherein the real property

is located.

(e)  Definitions.--For purposes of this section, the term

"commercial or industrial use or development of property" does

not include:

(1)  Agricultural, forestry, grazing, farming and related

activities, including, but not limited to, wayside fresh

produce stands for which at least 50% of the commodities sold

are produced on the property.

(2)  "Official signs and notices," "public utility signs"

and "public service signs," as defined in the act of December

15, 1971 (P.L.596, No.160), known as the Outdoor Advertising

Control Act of 1971, and the regulations promulgated under

that act.

Section 6.  Outdoor advertising permits.

(a)  Ordinances authorized.--Subject to the provisions of

subsection (b), a municipality may, by ordinance, provide for

permitting of outdoor advertising devices proposed, constructed

or maintained within the limits of the municipality in order to

promote the purposes of this act.

(b)  Contents of ordinance.--Any ordinance enacted under the

authority of this section shall include, but not be limited to,

any of the following:

(1)  (i)  In a municipality without zoning, reasonable,

objective standards for the construction, location, size,

spacing, lighting and maintenance of outdoor advertising

in accordance with the act of December 15, 1971 (P.L.596,

No.160), known as the Outdoor Advertising Control Act of

1971, and the regulations promulgated thereunder.

(ii)  Issuance, continuation or renewal of any permit

shall be conditioned upon compliance with such standards.

The ordinance shall provide that any outdoor advertising

device in violation of the Outdoor Advertising Control

Act of 1971 is in violation of the ordinance and subject

to penalty or removal.

(iii)  Nothing in this paragraph shall be construed

to prohibit a municipality from establishing reasonable,

objective standards that exceed those of this act.

(2)  In a municipality with zoning, provisions

conditioning the issuance, continuation or renewal of a

permit in compliance with all applicable ordinances enacted

pursuant to the act of July 31, 1968 (P.L.805, No.247), known

as the Pennsylvania Municipalities Planning Code.

(3)  (i)  Provisions for the submission and prompt review

of an application for a permit that may require the

applicant to provide drawings, design specifications,

leases or other information relevant to the determination

that the sign is in compliance with all applicable

municipal ordinances.

(ii)  In no event shall the review of a permit

application exceed 60 days.

(iii)  The decision to issue, renew or deny a permit

shall be in writing and, in a case where a permit is

denied, shall recite the appropriate sections of any

ordinance upon which such denial is based.

(4)  (i)  Provisions for the designation of a sign

administrator whose duties shall include, but not be

limited to, the issuance of permits and written decisions

as required by this section and the enforcement of any

ordinance enacted under this section.

(ii)  The sign administrator shall conduct

inspections, issue citations and notices and initiate any

appropriate action in accordance with law in instances of

noncompliance.

(iii)  The sign administrator may not be a member of

the governing body of the municipality.

(5)  (i)  Provisions for an appeal to the governing body

of the municipality for review of a decision of the sign

administrator in accordance with the provisions of 2

Pa.C.S. Ch. 5 Subch. B (relating to practice and

procedure of local agencies) and Ch. 7 Subch. B (relating

to judicial review of local agency action).

(ii)  Nothing in this paragraph shall be construed to

limit the right of any party to further appeal to the

court of common pleas of the county.

(6)  Provisions for reasonable, annual permit fees.

(7)  Provisions for the revocation of a permit, removal

of an abandoned sign and the impositions of fines and

penalties not to exceed $1,000 per violation. The ordinance

may provide that a separate offense shall arise for each day

or portion thereof in which a violation is found to exist or

for each section of the ordinance that is found to have been

violated.

(c)  Prohibited provisions.--No ordinance enacted pursuant to

this section may:

(1)  Regulate the content or viewpoint of an outdoor

advertising device.

(2)  Be administered or applied in such a manner as to

totally prohibit outdoor advertising devices within the

municipality.

(3)  Be administered or applied to impair contracts

existing on the effective date of the ordinance.

Section 7.  Other laws.

The powers and duties granted to a municipality under this

act shall be considered supplemental to any other municipal

power and shall not be interpreted as preempted or superseded by

any other act unless expressly so provided.

Section 8.  Effective date.

This act shall take effect in 60 days.