PRINTER'S NO. 1204
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
893
Session of
2017
INTRODUCED BY DINNIMAN AND YUDICHAK, SEPTEMBER 26, 2017
REFERRED TO TRANSPORTATION, SEPTEMBER 26, 2017
AN ACT
Amending the act of December 15, 1971 (P.L.596, No.160),
entitled "An act providing for the control and regulation of
outdoor advertising adjacent to the interstate and primary
highway systems within this Commonwealth; providing for
administration by the Department of Transportation to comply
with Federal requirements as a condition to the receipt of
highway funds; fixing penalties and making appropriations,"
further providing for control criteria for size, spacing and
lighting.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(d) of the act of December 15, 1971
(P.L.596, No.160), known as the Outdoor Advertising Control Act
of 1971, is amended to read:
Section 5. Control Criteria for Size, Spacing and
Lighting.--* * *
(d) The Commonwealth and local political subdivisions shall
have full authority under their own zoning laws to zone areas
for commercial or industrial purposes and the action of the
Commonwealth and local political subdivisions in this regard
will be accepted for the purposes of this act. At any time, that
a political subdivision adopts regulations which include the
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size, spacing and lighting of outdoor advertising devices the
secretary may so certify to the Secretary of Transportation of
the United States and control of outdoor advertising in
commercial or industrial areas will transfer to subsection (b)
under this section 5. The following apply:
(1) The applicant for a proposed outdoor advertising device
shall meet with representatives from the department and the
local political subdivision at the site designated for the
proposed outdoor advertising device prior to the local political
subdivision authorizing or prohibiting the erection of the
outdoor advertising device.
(2) For a proposed conversion of an existing outdoor
advertising device to an electronic digital sign, the applicant
for the proposed conversion shall meet with representatives from
the department and the local political subdivision at the site
of the existing outdoor advertising device prior to the local
political subdivision authorizing or prohibiting the conversion.
(3) Prior to the local political subdivision authorizing or
prohibiting the erection or conversion of an outdoor advertising
device, the local political subdivision shall conduct a public
hearing to address the impact of the following:
(i) Current residents and future proposed developments,
including the nuisance of the size, spacing and lighting of the
outdoor advertising device.
(ii) The potential of the proposed outdoor advertising
device to distract drivers and the resulting impact on vehicle
accident rates on roadways.
(iii) Safety of pedestrians.
(iv) Open space, including aesthetic beauty and historic
character.
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(v) Funds spent for open space and historic preservation,
including funds from government and nonprofit land trusts that
were used to protect the land through purchase of the land or
historic structures and by the purchase of development rights,
conservation and agricultural easements and other types of
easements.
(4) The transcription of the public hearing under clause (3)
shall be sent to the department and the information used in the
authorizing or prohibiting of any needed permits and approvals
by both the department and local political subdivision.
(5) The cost to conduct the public hearing under clause (3)
shall be paid by the applicant.
Section 2. This act shall take effect in 60 days.
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