March 1, 2002 Maidencreek Special Meeting:
Meeting Results:
The board voted 3 to 0 to adopt a motion directing the planning commission to review the current ordinances on outdoor advertising, and recommend improvements. It turns out this method will not prevent future applications from being considered under the current ordinance, until there is an advertised public hearing with a draft of the new ordinance available. That process could take two months or so. I am also concerned about an ordinance prepared in such haste.
The board voted 3 to 0 to adopt a municipal curative amendment that will place a 180 day moratorium on applications for billboards. This option was the only sure way to cause future applications to fall under the new ordinances. The curative amendment method may only be used by the township once every three years. This is the first time the township has used the curative amendment process.
It was discussed that some of the neighboring property owners may have a case to seek civil remedy for the adverse effects of these billboards. They would have to obtain their own lawyer, and explore their options.
The bottom line:
The township took the strongest action possible to have input into these billboards. I am most concerned about the billboards near residential homes. However, the law allows us little opportunity to stop these 12 applications already submitted.
The board met in executive session to discuss the police. It turns out none of the discussion could be shared with the public at this time.
Meeting Preview (posted 2/28/02):
This is a public meeting. Public comment will be welcomed on the issues of the Police, and outdoor advertising.
I received word that Lamar advertising wanted to put up some billboards in the township. Apparently our zoning ordinances do not specifically address billboards. This may mean that a billboard could go nearly anywhere.
If the township wants to have a say in these billboards, we needed to have a motion in a meeting to amend the zoning ordinances. Once such a motion is made, any application received will be under these new ordinances (this is according to current case law) We were in a ticklish situation. If we waited until the 3/14/02 meeting, and an application was received before the meeting, the billboard would go in under the existing ordinances. If I called a special meeting, the purpose of the meeting would have to be advertised, and Lamar would have 48 hours to get their application in (if they saw the ad.)
I believed the company would not wait until 3/14/02 to get their application in. I decided to roll the dice and call a special meeting. The bad news is the people at Lamar are reading the legal notices in the paper. They scrambled to get 12 billboard applications in.
The locations are:
US 222 ( 7 Billboards) Going from the South to North
On the left side just north of Dries Rd.
On the left side just after Snyder Road.
On the left side just north of Maria's Pizza.
On the right side just after Super Duper.
On the right side just before the light leading into Maidencreek Estates.
On the right side near the junction of Evansville Rd. and 222.
On the right several hundred yards after the Evansville intersection.
Route 73 ( 2 Billboards) Heading to Breezy Corners from 222
On the right side just after the Gas Station.
On the right side just before the intersection of Wesner Rd. and 73.
Park Road (Blandon Fleetwood Rd. 2 Billboards) Heading from 222 toward Fleetwood.
On the left side just after the West Wesner Rd. intersection.
On the left side a couple hundred yards after the West Wesner Rd. intersection.
On the left side just before Excelsior Drive.
With the applications already in, we will be meeting to discuss options with the solicitor. We will also be briefly discussing the police.
My Position:
Just so you don't think I've abandoned my position on property rights, let me say I don't see billboards as an easy issue. Many people just want to eliminate them. This is not legally possible. Billboards are a form of speech (usually economic speech, but speech none the less) Regulating them may have first amendment issues. I believe people have the right to enjoy the fruits of their labors and be good stewards of their property. This includes making an income from renting your property to a billboard company. Having said this, I am concerned about the close location of several of these billboards to houses.
paid for by Roy Timpe