1Authorizing municipalities to acquire highway corridor
2conservation easements; and providing for highway corridor
3overlay zoning and for outdoor advertising permits.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Short title.

7This act shall be known and may be cited as the Highway
8Corridor Enhancement Act.

9Section 2.  Purpose.

10The purpose of this act is:

11(1)  To provide municipalities with alternative means to
12retain or protect, for the public and economic benefit, the
13natural, historical, architectural, archeological, cultural,
14scenic or open space values of real property along public
15highway corridors.

16(2)  To better enable municipalities to control the
17erection and maintenance of outdoor advertising devices in
18areas along the highways within this Commonwealth in order:

1(i)  To assure the reasonable, orderly and effective
2display of outdoor advertising while protecting the
3public investment in the Federal, State and local
4highways.

5(ii)  To promote the welfare, convenience and
6recreational value of public travel.

7(iii)  To preserve natural beauty.

8Section 3.  Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Comprehensive plan."  A municipal, multimunicipal or county
13comprehensive plan as delineated in the act of July 31, 1968 
14(P.L.805, No.247), known as the Pennsylvania Municipalities
15Planning Code.

16"Department."  The Department of Transportation of the
17Commonwealth.

18"Highway."  A portion of right-of-way that is open to the use
19of the public for purposes of vehicular travel. The term does
20not include an unimproved right-of-way, private road or drive.

21"Highway corridor conservation easement."  A nonpossessory
22interest in real property, whether appurtenant or in gross,
23imposing limitations or affirmative obligations, the purposes of
24which may include, but are not limited to:

25(1)  retaining or protecting for the public and economic
26benefit the natural, scenic or open space values of real
27property adjacent to or within view of highways;

28(2)  assuring its availability for agricultural, forest,
29recreational or open space use;

30(3)  protecting, conserving or managing the use of

1natural resources;

2(4)  protecting wildlife;

3(5)  maintaining or enhancing land, air or water quality
4or preserving the historical, architectural, archaeological
5or cultural aspects of real property adjacent to, or within
6view of, highways. Such interest may impose limitations on
7the use of the property for outdoor advertising devices for
8such purposes.

9"Land trust."  A charitable corporation, charitable
10association or charitable trust that is registered with the
11Bureau of Charitable Organizations of the Department of State
12and is exempt from taxation pursuant to section 501(c)(3) of the
13Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 
14501(c)(3)) or other Federal or Commonwealth statutes or
15regulations, the purposes or powers of which include:

16(1)  retaining or protecting the natural, scenic,
17agricultural or open space values of real property;

18(2)  assuring the availability of real property for
19agricultural, forest, recreational or open space use;

20(3)  protecting, conserving or managing the use of
21natural resources;

22(4)  protecting wildlife;

23(5)  maintaining or enhancing land, air or water quality;
24or

25(6)  preserving the historical, architectural,
26archaeological or cultural aspects of real property.

27"Municipality."  Either of the following:

28(1)  a municipal corporation as defined in 1 Pa.C.S. § 
291991 (relating to definitions) or any similar general purpose
30unit of local government; or

1(2)  a unit created by joint action of two or more
2municipalities that is authorized to be created by the
3General Assembly, including cooperation by two or more
4municipalities in accordance with 53 Pa.C.S. Ch. 23 Subch. A
5(relating to intergovernmental cooperation).

6"Outdoor advertising device."  An outdoor sign, display,
7light, figure, painting, drawing, message, plaque, poster,
8billboard or other object that is designed, intended or used to
9advertise or inform. The term does not include:

10(1)  An official sign and notice that is required or
11authorized by law and conforms to the national standards
12promulgated by the Secretary of Transportation of the United
13States pursuant to 23 U.S.C. § 131 (relating to control of
14outdoor advertising).

15(2)  An outdoor advertising device that advertises the
16sale or lease of the real property on which it is located.

17(3)  An outdoor advertising device that advertises an
18activity conducted on the property on which it is located.

19(4)  A directional sign including, but not limited to, a
20sign pertaining to natural wonders, scenic and historical
21attractions and other points of interest to the traveling
22public that conforms to the national standards promulgated by
23the Secretary of Transportation of the United States pursuant
24to 23 U.S.C. § 131.

25(5)  An outdoor advertising device in the specific
26interest of the traveling public that is authorized to be
27erected or maintained by the Secretary of Transportation of
28the Commonwealth and is designed to give information in the
29interest of the traveling public.

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

1including a highway, that either:

2(1)  the Department of Transportation or a municipality
3has acquired for highway purposes; or

4(2)  the Department of Transportation or a municipality
5otherwise has lawful rights of access, occupation,
6construction and maintenance for highway purposes.

7"Secretary."  The Secretary of Transportation of the
8Commonwealth.

9Section 4.  Highway corridor conservation easements.

10(a)  Authorization.--In accordance with the act of June 22, 
112001 (P.L.390, No.29), known as the Conservation and
12Preservation Easements Act, a land trust or municipality may
13acquire by purchase, contract, gift or devise a highway corridor
14conservation easement.

15(b)  Scope.--A highway corridor conservation easement may
16encompass an entire fee simple interest in a parcel or real
17property or any portion thereof or an estate therein.

18(c)  Assessment.--

19(1)  A highway corridor conservation easement interest
20acquired by a municipality or a land trust under this act
21shall be held for public purpose and shall be exempt from
22taxation.

23(2)  The assessment of a private interest in land subject
24to a highway conservation easement interest under this act
25shall reflect any change in market value of the property that
26may result from the acquisition of a conservation easement
27interest by a municipality or a land trust.

28(d)  Limitations and planning requirements.--

29(1)  (i)  A municipality may not acquire a highway
30corridor conservation easement unless the real property

1has been designated for any of the purposes of such an
2easement in a park, recreation and open space plan, or
3its equivalent, or a comprehensive plan recommended by
4the planning commission of the municipality in which the
5real property is located and adopted by the governing
6body of that municipality.

7(ii)  Where the municipality in which the real
8property to be acquired is located has no planning
9commission, the municipality may not acquire a highway
10corridor conservation easement unless the real property
11has been designated for any of the purposes of such
12easement in a park, recreation and open space plan, or
13its equivalent, or a comprehensive plan approved by the
14planning commission of the county in which the real
15property is located and adopted by the governing body of
16the municipality wherein the real property is located.

17(2)  The use of a highway corridor conservation easement
18may not serve a de facto exclusionary purpose if the highway
19corridor conservation easement is acquired or held by a
20municipality.

21(e)  Construction.--Nothing contained in this section shall
22be construed as altering, modifying or superseding either the
23method of creating an agricultural conservation easement or the
24rights, duties, powers and obligations appurtenant to such
25easements under the provisions of the act of December 19, 1974 
26(P.L.973, No.319), known as the Pennsylvania Farmland and Forest
27Land Assessment Act of 1974, the act of June 30, 1981 (P.L.128, 
28No.43), known as the Agricultural Area Security Law, and
29preservation of coal rights as provided in section 9 of the
30Conservation and Preservation Easements Act.

1Section 5.  Highway corridor overlay zoning.

2(a)  Establishment of highway corridor overlay districts.--
3Pursuant to the act of July 31, 1968 (P.L.805, No.247), known as
4the Pennsylvania Municipalities Planning Code, a municipality
5may establish a highway corridor overlay district within 660
6feet of the nearest edge of the right-of-way of any highway or
7portion of a highway within the municipality in order to further
8promote the purposes of this act. The zoning ordinance or
9amendment thereto establishing the highway corridor overlay
10district may include, but shall not be limited to, any of the
11following:

12(1)  Restrictions of commercial or industrial use or
13development of property within the district, including
14limitations on the use of property for outdoor advertising
15devices.

16(2)  (i)  Restrictions on destruction, damage,
17disturbance or removal of vegetation within the district
18for a purpose other than for agriculture, farming,
19forestry or parks and recreation.

20(ii)  Nothing contained in this paragraph shall be
21construed as altering, modifying or superseding the
22provisions of the act of December 20, 1983 (P.L.293, 
23No.79), known as the Highway Vegetation Control Act.

24(3)  Provisions for the abandonment and removal of any
25lawful use of property deemed nonconforming by the enactment
26of the zoning ordinance or amendment establishing the
27district.

28(b)  Consent required for removal of lawful use.--Any lawful
29use of property deemed nonconforming by the establishment of a
30highway corridor overlay district and not abandoned may not be

1removed without the consent of the owner thereof unless just
2compensation is paid in accordance with law.

3(c)  Limitation.--The enactment or enforcement of a zoning
4ordinance or amendment establishing a highway corridor overlay
5district may not prohibit an otherwise lawful use of property
6from occurring anywhere within the municipality.

7(d)  Plans required.--

8(1)  Highway corridor overlay zoning shall be designated
9in a park, recreation and open space plan, or its equivalent,
10or a comprehensive plan recommended by the planning
11commission of the municipality in which the real property is
12located and adopted by the governing body of that
13municipality.

14(2)  Where the municipality in which highway corridor
15overlay zoning is proposed has no planning commission, a
16municipality may not establish a highway corridor overlay
17district unless it has been designated in a park, recreation
18and open space plan, or its equivalent, or a comprehensive
19plan approved by the planning commission of the county in
20which the real property is located and adopted by the
21governing body of the municipality wherein the real property
22is located.

23(e)  Definitions.--For purposes of this section, the term
24"commercial or industrial use or development of property" does
25not include:

26(1)  Agricultural, forestry, grazing, farming and related
27activities, including, but not limited to, wayside fresh
28produce stands for which at least 50% of the commodities sold
29are produced on the property.

30(2)  "Official signs and notices," "public utility signs"

1and "public service signs," as defined in the act of December 
215, 1971 (P.L.596, No.160), known as the Outdoor Advertising
3Control Act of 1971, and the regulations promulgated under
4that act.

5Section 6.  Outdoor advertising permits.

6(a)  Ordinances authorized.--Subject to the provisions of
7subsection (b), a municipality may, by ordinance, provide for
8permitting of outdoor advertising devices proposed, constructed
9or maintained within the limits of the municipality in order to
10promote the purposes of this act.

11(b)  Contents of ordinance.--Any ordinance enacted under the
12authority of this section shall include, but not be limited to,
13any of the following:

14(1)  (i)  In a municipality without zoning, reasonable,
15objective standards for the construction, location, size,
16spacing, lighting and maintenance of outdoor advertising
17in accordance with the act of December 15, 1971 (P.L.596, 
18No.160), known as the Outdoor Advertising Control Act of
191971, and the regulations promulgated thereunder.

20(ii)  Issuance, continuation or renewal of any permit
21shall be conditioned upon compliance with such standards.
22The ordinance shall provide that any outdoor advertising
23device in violation of the Outdoor Advertising Control
24Act of 1971 is in violation of the ordinance and subject
25to penalty or removal.

26(iii)  Nothing in this paragraph shall be construed
27to prohibit a municipality from establishing reasonable,
28objective standards that exceed those of this act.

29(2)  In a municipality with zoning, provisions
30conditioning the issuance, continuation or renewal of a

1permit in compliance with all applicable ordinances enacted
2pursuant to the act of July 31, 1968 (P.L.805, No.247), known
3as the Pennsylvania Municipalities Planning Code.

4(3)  (i)  Provisions for the submission and prompt review
5of an application for a permit that may require the
6applicant to provide drawings, design specifications,
7leases or other information relevant to the determination
8that the sign is in compliance with all applicable
9municipal ordinances.

10(ii)  In no event shall the review of a permit
11application exceed 60 days.

12(iii)  The decision to issue, renew or deny a permit
13shall be in writing and, in a case where a permit is
14denied, shall recite the appropriate sections of any
15ordinance upon which such denial is based.

16(4)  (i)  Provisions for the designation of a sign
17administrator whose duties shall include, but not be
18limited to, the issuance of permits and written decisions
19as required by this section and the enforcement of any
20ordinance enacted under this section.

21(ii)  The sign administrator shall conduct
22inspections, issue citations and notices and initiate any
23appropriate action in accordance with law in instances of
24noncompliance.

25(iii)  The sign administrator may not be a member of
26the governing body of the municipality.

27(5)  (i)  Provisions for an appeal to the governing body
28of the municipality for review of a decision of the sign
29administrator in accordance with the provisions of 2 
30Pa.C.S. Chs. 5 Subch. B (relating to practice and

1procedure of local agencies) and 7 Subch. B (relating to
2judicial review of local agency action).

3(ii)  Nothing in this paragraph shall be construed to
4limit the right of any party to further appeal to the
5court of common pleas of the county.

6(6)  Provisions for reasonable, annual permit fees.

7(7)  Provisions for the revocation of a permit, removal
8of an abandoned sign and the impositions of fines and
9penalties not to exceed $1,000 per violation. The ordinance
10may provide that a separate offense arise for each day or
11portion thereof in which a violation is found to exist or for
12each section of the ordinance that is found to have been
13violated.

14(c)  Prohibited provisions.--No ordinance enacted pursuant to
15this section may:

16(1)  Regulate the content or viewpoint of an outdoor
17advertising device.

18(2)  Be administered or applied in such a manner as to
19totally prohibit outdoor advertising devices within the
20municipality.

21(3)  Be administered or applied to impair contracts
22existing on the effective date of the ordinance.

23Section 7.  Other laws.

24The powers and duties granted to a municipality under this
25act shall be considered supplemental to any other municipal
26power and shall not be interpreted as preempted or superseded by
27any other act unless expressly so provided.

28Section 8.  Effective date.

29This act shall take effect in 60 days.