Permits; construction and maintenance; violations.
A. Permits required.
(1) A permit must be obtained from the Township before the erecting of all signs erected in the Township, unless specifically exempted herein.
(2) Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection in a safe manner and in a manner in accord with all the other provisions of this chapter.
(3) Before any permit is granted for the erection of a sign or sign structure, plans and specifications shall be filed with the Township, showing: see
§ 500-2808A(3) for a detailed list of requirements.
(4) The following changes to a sign do not require a permit:
(a) The changing of movable parts of an approved changeable copy sign that is designed for such changes or the repainting or reposting of display matter shall not be deemed an alteration, provided the conditions of the original approval and requirements of this article are not violated.
(b) The changing of the advertising copy or message of a painted, plastic face or printed sign only. Except for signs specifically designed for the use of replaceable copy, electric signs shall not be include in this exception.
(c) The electrical, repainting or cleaning maintenance of a sign.
(d) The repair of a sign.
(e) Permit fees to erect a sign shall be in accordance with the sign fee schedule adopted by the Township.
B. Construction requirements. All signs shall meet the design and construction requirements of the International Building Code, together with any and all other applicable building codes then in effect within the Township. All electrical signs shall meet the design and construction requirements of the International Electrical Code, together with any and all other applicable electrical codes then in effect within the Township.
C. Maintenance requirements. Every sign permitted by this chapter must be constructed of durable materials and kept in good condition and repair.
D. Removal or abandonment of signs.
(1) The owner of any property or premises upon which any sign is erected shall be responsible for its complete removal at such time as the circumstances which caused its erection have ceased to exist or at such other time that the sign must be removed under any other provisions of this chapter. If the owner of any property upon which a sign has been erected shall fail or neglect to render it as hereinabove required, the Zoning Officer shall give notice to remove the sign by certified mail to the owner. If this letter is returned undelivered for any reason, he may post such notice upon the premises. If upon the expiration of 30 days following notice the owner fails to remove the sign, the Zoning Officer shall arrange for its removal on behalf of the Township and shall bill the owner for the cost of such work plus 10% for administrative cost. If such bill remains unpaid after the expiration of 30 days, the Township Solicitor shall take the necessary steps to collect the same. Failure of a property owner to remove such sign after the notice hereinabove provided shall constitute a violation of the terms of this chapter, and each day's continuance of such failure shall constitute a separate violation.
(2) If the owner of any sign in violation of any of the provisions of this chapter is not the owner of the premises on which it is situated, the identical notices specified above may be issued to him in like manner, and such owner of the sign shall be required to take such steps to comply with the notice or notices issued to him as though he were the owner of the property or premises on which the sign is located. If such owner of the sign fails to comply, such failure shall constitute a violation of the terms of this chapter. Such owner of the sign shall be liable to the same extent as the owner of the property or premises on which the sign is located.
E. Unsafe and unlawful signs. If the Zoning Officer finds that any sign regulated herein is unsafe or insecure or is a menace to the public or has been constructed, erected or maintained in violation of the provisions of this chapter, he shall give notice to remove or alter the sign to comply with this chapter in the same manner as in Subsection
D above to the party to whom the permit was issued to erect the sign or to the owner of the sign or to any combination of them. If the parties notified fail to remove or alter the sign to comply with the standards herein set forth within 30 days after notice, such sign may be removed or altered by the Building Inspector at the expense of each and every person notified. The expenses of the removal or alteration shall be computed and paid for by the parties notified in the same manner as in Subsection
D above, and the same sanctions shall apply. The Building Inspector may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed summarily and without notice.
F. Annual registration and inspection of certain signs.
(1) For all signs not exempted under this chapter, whether or not such signs have been erected prior to the adoption of this subsection, the owner of the premises upon which the sign is erected and maintained (or, in the case of leased property, the tenant) shall annually, before January 15 of the year following the year in which a permit for such sign has been secured, pay the registration fee in the amount established by resolution of the Board of Supervisors for each and every sign required to be registered under the provisions of this subsection.
(2) With the annual registration, the applicant shall submit a statement by which the applicant agrees to indemnify and save harmless the Township against any loss, damage, costs and expenses which the Township may hereafter suffer, incur, be put to, or pay by reason of any claims resulting from the erection of the sign and agrees to pay and discharge forthwith on demand of the Township each and every claim, obligation or judgment against said Township resulting from the erection of said sign.
G. Insurance. It shall be unlawful for any individual, partnership, corporation or other entity to erect, repair or maintain electrical signs, regardless of size or location, or nonelectrical signs which are higher than 10 feet above grade or larger than 24 square feet without submitting a certificate of insurance to the Building Inspector's office in the amount of $100,000 and $300,000 personal injury liability and $35,000 property damage.
H. Licensing. In the case of a proposed erection or repair of any electrical or neon sign, or any nonelectrical sign 24 square feet in size or 10 feet above grade, no permit for the erection of such sign or signs shall be issued until after the applicant has complied with the following provisions:
(1) The erector or its agent or employees shall apply for and obtain an annual license for the erection of signs of this category with a fee established by resolution of the Board of Supervisors to be paid to the Township for such license.
(2) Such license shall be obtained or renewed annually for the calendar year period beginning January 1 of each year or at such later time that such sign erection company wishes to obtain its first permit for the erection or repair of a sign of this category in Middletown Township.
(3) The fee for the annual renewal of the license shall be established by resolution of the Board of Supervisors.
