§ 445.6. Permits.
(a) Applicability. An annual permit shall be required for signs regulated under the act and this section, including:
(1) Directional and official signs. Reference should be made to § 445.3 (relating to directional and official signs).
(2) Signs in zoned or unzoned commercial or industrial areas. Reference should be made to § 445.4 (relating to signs in zoned or unzoned commercial or industrial areas).
(3) On premise signs along the interstate system. Reference should be made to § 445.5(c) (relating to on-premise signs).
(4) Signs prohibited to be erected or maintained under section 4 of the act (36 P. S. § 2718.104), until such time as each sign has been removed; provided, however, that a permit may not be required for signs in commercial or industrial zones, certified by the Secretary to the Secretary of Transportation of the United States under section 5(b) and (d) of the act (36 P. S. § 2718.105(b) and (d)), if the local political subdivision has a legally established and operating procedure for issuing the permits.
(b) Permit applications. Permit applications shall be completed as follows:
(1) Application for a permit for a sign shall be made at the Department district office having jurisdiction over the sign location.
(2) Application shall be made on a form to be provided by the Department, and shall contain the following information and documentation:
(i) The name and address of the sign owner and the land owner, together with an affidavit attesting that there is a valid lease agreement between them for the land on which the sign is to be located, or that the sign owner is also the land owner.
(ii) If the sign is an existing sign, the affidavit shall contain the date of erection of the sign or a statement that the sign was erected on or before October 22, 1965.
(iii) A drawing to scale, showing:
(A) the location of the sign with reference to the highway, indicating station and distance from center line, right of way line, fence or edge of pavement.
(B) For a directional sign as provided in § 445.3 or a sign in a zoned or unzoned commercial or industrial area as provided in § 445.4, the distance along the highway in each direction to the nearest sign in the same classification.
(C) For a sign in an unzoned commercial or industrial area as provided in § 445.4(a)(1) and (3) or an on-premise sign along the interstate system as provided in § 445.5, the commercial or industrial activity and the distance from the nearest edge of such activity to the sign.
(iv) A drawing to scale, showing all dimensions of the sign. For a directional sign or an on-premise sign along the interstate system advertising activities being conducted on the real property and located more than 50 feet from the advertised activity, the drawing shall also contain an accurate representation of the advertising or informative contents of the sign.
(3) Each application shall be accompanied by the appropriate annual fee, as follows:
(i) Ten dollars if the sign area does not exceed 300 square feet.
(ii) Twenty dollars if the sign area exceeds 300 square feet but does not exceed 600 square feet.
(iii) Thirty dollars if the sign area exceeds 600 square feet.
(iv) The total fee for all on-premise signs along the interstate system advertising activities being conducted on the real property by a single person, partnership, corporation or other entity and located no more than 50 feet from the advertised activity shall be $30.
(C) Renewal of permits. Renewal of permits shall be completed as follows:
(1) If the information provided in the original application is still valid a renewal application need contain only the following information:
(i) Name and address of applicant.
(ii) Original permit number.
(iii) Brief indication of location of sign, including county, L.R. and station.
(2) Renewal applications shall be accompanied by the appropriate annual fee.
(3) If there is a change in ownership, leasing arrangement, location or dimensions of a sign, or in advertising or informative contents of a directional sign or an on-premise sign along the interstate system, advertising activities being conducted on the real property and located more than 50 feet from the advertising activity, a new permit shall be required. Unchanged information and documentation may be incorporated into the new application by reference to the original permit number.
(4) Upon issuance of the permit the permittee shall:
(i) Attach the permit to the front of the structure on the side closest to highway or in lieu thereof, the permittee may paint, with materials of a permanent nature, the number of the permit issued by the Department in a minimum size of 2 inches. The painting shall be readily discernible. The permit issued shall be retained by the permittee and be made available for inspection by the Department during normal business hours.
(ii) Tags issued by the Department shall be of a permanent nature and when installed on the sign shall remain on the sign as long as the sign remains validly in existence. If the tag becomes illegible or is removed it shall be the responsibility of the permittee to apply for and procure a replacement and attach it to the sign within 15 days of notice by the Department of the existing condition.
(A) The cost of a replacement tag shall be equal to that of the cost of the original tag.
(B) Failure to obtain a replacement tag within the time period prescribed shall be considered abandonment of the sign.
(d) Priorities. Priorities shall include the following:
(1) Directional signs. As provided in § 445.3, where issuance of permits for two or more directional signs would conflict with the applicable spacing provisions, permits will be issued in the following order of priority:
(i) An existing sign which is in conformance with Federal and State law and this chapter either upon application for an initial permit or for renewal of a previous permit.
(ii) A sign of the Department.
(iii) A sign of another Department or agency of the Commonwealth.
(iv) A sign of a local governmental unit or an agency thereof.
(v) A sign of the United States Government or an agency thereof.
(vi) A sign of another public agency.
(vii) A sign of a private nonprofit organization.
(viii) A sign of a private profit-making organization or individual.
(2) Signs in zoned or unzoned commercial or industrial areas. As provided in § 445.4, where issuance of permits for two or more signs in zoned or unzoned commercial or industrial areas would conflict with the applicable spacing provisions, permits will be issued in the following order of priority:
(i) An existing sign which is in conformance with Federal and State law and this chapter, either upon application for an initial permit or for renewal of a previous permit.
(ii) A sign deemed by the Secretary to be in the specific interest of the traveling public, such as signs pertaining to public places owned or operated by Federal, State or local governments or their agencies, publicly or privately owned natural phenomena; historic, cultural, scientific, educational and religious sites; areas of natural scenic beauty or naturally suited for outdoor recreation; vehicle services, eating places or lodging.
(iii) Another sign which is in conformance with Federal and State law and this chapter.
(3) The priorities set forth in paragraphs (1) and (2) shall be based on the informative contents of the sign rather than the ownership thereof.
(4) In the case of a conflict among two or more signs with the same priority, a permit will be issued for the sign which the Secretary determines is most in the interest of the traveling public, or, at the option of the Secretary, the sign for which application was first received by the Department.
(e) Revocation of permits. Revocation of permits includes the following:
(1) Permits shall be subject to revocation upon 15 days written notice for violation of the act or this chapter, or upon change of information provided in the application.
(2) Permits for signs which are prohibited to be erected or maintained under section 4 of the act (36 P. S. § 2718.104) shall be revocable upon 30 days written notice.
(3) Revocation of a permit shall not be grounds for refund of the permit fee.
Source The provisions of this § 445.6 amended January 19, 1979, effective January 20, 1979, 9 Pa.B. 267; amended May 21, 1976, effective May 22, 1976, 6 Pa.B. 1135; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534; amended January 19, 1979, effective January 20, 1979, 9 Pa.B. 267.
Notes of Decisions Application Contents
It is reasonable for the Department of Transportation to ask in the application form if signs will be in a Cotton or Kerr Area. Philadelphia Outdoor Advertising v. Department of Transportation, 690 A.2d 789 (Pa. Cmwlth. 1997).
Revocation of Permits
The changing of an exterior sign which was a nonconforming sign from a wooden frame supported by wooden stands to one with a metal frame and catwalk supported by a single steel post is a ‘‘structural improvement’’ and supported finding that signs had been erected after the effective date of the outdoor advertising control act and justified revocation of the sign permits. Park Outdoor Advertising Co. v. Department of Transportation, 485 A.2d 864 (Pa. Cmwlth. 1984).
Timing Sequence
The company’s failure to challenge the Department of Transportation’s time-stamping of the other company’s application one minute earlier than its own application, even though representatives of both companies were present at the same time, until after its application for signage along the highway was denied constituted a waiver of its right to challenge the timing sequence which adversely affected its application. Morgan Signs, Inc. v. Department of Transportation, 676 A.2d 1284 (Pa. Cmwlth. 1996).
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