THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ADOLPH, CIVERA, WATSON, BRIGGS, D. COSTA, M. O'BRIEN, VITALI, KILLION AND MOUL, NOVEMBER 12, 2009

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, NOVEMBER 12, 2009  

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled,

as amended, "An act to empower cities of the second class A,

and third class, boroughs, incorporated towns, townships of

the first and second classes including those within a county

of the second class and counties of the second through eighth

classes, individually or jointly, to plan their development

and to govern the same by zoning, subdivision and land

development ordinances, planned residential development and

other ordinances, by official maps, by the reservation of

certain land for future public purpose and by the acquisition

of such land; to promote the conservation of energy through

the use of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for mediation; providing for transferable

development rights; providing for appropriations, appeals to

courts and penalties for violations; and repealing acts and

parts of acts," in zoning, prohibiting the location of

advertising signs in certain locations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of July 31, 1968 (P.L.805, No.247), known

as the Pennsylvania Municipalities Planning Code, reenacted and

amended December 21, 1988 (P.L.1329, No.170), is amended by

adding a section to read:

Section 622.  Prohibiting the Location of Advertising Signs

in Certain Locations.--(a)  Notwithstanding any other provision

of law to the contrary and except as otherwise provided in

subsection (b), an advertising sign shall not be placed within

500 feet of an existing school, public playground, public park,

residential housing area, child care facility, church,

meetinghouse or other actual place of regularly stated religious

worship or State-designated highway.

(b)  Notwithstanding subsection (a), an advertising sign may

be located less than 500 feet from an existing school, public

playground, public park, residential housing area, child care

facility, church, meetinghouse or other actual place of

regularly stated religious worship or State-designated highway

if, by majority vote of the governing body for the municipality

in which the proposed advertising sign is to be located, the

governing body issues the appropriate local permits and gives

any other necessary approvals.

(c)  At least 14 days prior to the governing body of a

municipality voting on whether to approve the issuance of the

appropriate local permits or to give any other necessary

approvals to allow an advertising sign less than 500 feet from a

school, public playground, public park, residential housing

area, child care facility, church, meetinghouse or other actual

place of regularly stated religious worship or State-designated

highway, one or more public hearings shall be held within the

municipality following public notice. All owners of real

property located within 500 feet of the proposed location shall

be provided written notice of the public hearing at least 30

days prior to the public hearings being convened.

(d)  As used in this section, the term "advertising sign"

shall mean:

(1)  a freestanding sign that:

(i)  is supported by one or more poles, uprights or

braces;

(ii)  consists of 32 square feet or more of gross

surface area; and

(iii)  is internally illuminated and visible from a

public way that utilizes technology to permit the

characters, letters or illustrations to be changed or

rearranged by computer, electronically or mechanically,

without altering the face of the sign; or

(2)  an outdoor, off-premises sign on which space is

leased or rented by the owner thereof to others for the

purpose of conveying a commercial or noncommercial message.

Section 2.  This act shall take effect in 60 days.