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C:Abington
Abington Township was incorporated in 1704. The administration building and police department are located along Old York Road, adjacent to Abington Memorial Hospital.
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Proposed Billboards in Abington
RMCA hosted a Q&A on October 12, focusing on how to keep off-premise billboards out of Abington Township. Judical precedents are not encouraging, but there are things local residents can do. Rather than relying on Commissioners alone, anyone who lives near a proposed location of a billboard can establish "legal standing" in a conflict with the billboard company, which will slow the process, and may even stop it if enough people get involved. To do that, a resident must be able to demonstrate that they will be able to see the billboards from their residence, while asserting (if true) that the billboards will interfere with their property value (and public safety in their immediate neighborhood). Presenters suggested that balloons be raised to the exact location of each billboard and photos be taken from adjacent homes.
Presenters also suggested that local businesses that have taken a stand against billboard be supported, while noting that property owners typically do not run the businesses on-premise and the lease between the property owner(s) and billboard company are private transactions (and the leases/agreements are not easily accessed through any public inquiry).
Download Flyer PDF w/ Presenter Bios
This meeting provided an opportunity to learn from three individuals affiliated with Preserve Our Pennsylvania Towns (POPT), an organization dedicated to mobilizing resident efforts to preserve and advance local community interests in the face of large, well-funded applicants who show little regard for the will of residents.
A previous meeting of the Abington Township Board of Commissioners on March 21, 2011 focused on a proposal by MC Outdoor Advertising. The owner of the company and his attorney presented their "last-best offer" before their threat to proceed to litigation.
MC Outdoor Advertising is a billboard company. Last year, it submitted 5 applications, to the Abington Zoning Hearing Board, challenging the blanket prohibition the township has on this type of advertising.
Township Solicitor Rex Herder has acknowledged that blanket prohibitions of this kind have always been struck-down by the Pennsylvania Supreme Court. No exceptions. The logical conclusion of this statement would be that the Township does not feel that it has precedent on its side.
According to Commissioner Steven Kline, the Abington Township Board of Commissioners took action in January to prevent other billboard companies from doing the same by declaring our own ordinance invalid (referring to state court precedent). The Board of Commissioners have until June 17th (180 days) to create a new off-site advertising (billboards) ordinance that will be as restricitive as possible considering the precedent set by recent court cases.
In the meantime, feedback was provided to MC Outdoor Advertising. As a result it developed a plan for three sites (three sign structures with six sides). The Board heard the presentation of that last best offer and did not take a vote. The Board did listen to residents, the majority of whom had strong objectives to 14 x 48 foot signs being placed adjacent to residential neighborhoods along Old York Road, at the Willow Grove Park Mall and at the Huntingdon Valley Shopping Center. The question is whether the Commissioners will stand up against urban blight in one of the best communities in the United States.
Several other area municipalities are dealing with the same issue and our township manager and solicitor have had discussions with those other municipalities to share information.
Download PDF from Abington Township web site
5 comments by Members are their personal opinions (see RMCA policies)
Commissioner Steven Kline reported that all 15 Township Commissioners have decided to oppose the billboard proposal from this advertising company, which is threatening legal action. Abington is hiring an attorney with expertise and following State Supreme Court guidance on how to develop an ordinance that can be defended. Litigation is expected to take two years and cost $150,000 to 200,000.
Here is the summary I e-mailed today (11/16/10) regarding the Billboard issue facing the township.
Some of you have heard through various e-mails being distriputed through the township that the Township has received applications to erect Billboard Signs on five different properties in the township. This is true and below I will try to explain the facts of the situation to those that have heard to those that will be hearing this for the first time.
The applications for these properties were filed by a company named MC Outdoor Advertising who has identified five properties, four on Old York Road (1600, 1706, 1713 & 1844 Old York Road) and one on Huntingdon Pike (917 Huntingdon Pike). The applications were made to the Abington Township Zoning Hearing Board (ZHB) because the Township's current Zoning Ordinance entirely prohibits off-site advertising signs (signage for business or entities not occupying the property). There application was not for a variance it was for a challenge to the validity of this blanket prohibition contained in our ordinance.
There is no state statute that requires muncipalities to allow off-site advertising signs, however in 1965 the PA Supreme Court ruled in a case against Upper Moreland Township's Zoning Ordinance with a similar blanket prohibition to off-site advertising signs calling it exclusionary zoning (when a zoning ordinance imposes unnecessary requirements or regulations that by their very nature exclude a specific group or practice). Since this PA Supreme Court decision there have been other cases with similar decisions. Currently there are cases pending in other local municipalities which have chosen to fight these Validity Challenges.
The Township needed to decide how it was going to handle this application. At first the Township thought the best course of action would be to convene a public Board meeting (was scheduled for last night 11/15/10) to declare our ordinance invalid so that any future applications would need to wait till a Curative Zoning Amendment could be adopted. Which would need to be done within 180 days of declaring the ordinance invalid. Upon further analysis and discussions with people familar with the proceedings in other municipalities, the Township deteremined that this course of action would not serve it's best interests because it would give the applicant ammunition it needs to prove the invalidity in front of the Zonin Hearing Board. This meeting was canceled yesterday afternoon based on this further analysis and the Township believes its best course of action is to defend the ordinance in front of the ZHB. The Township Solicitor is actively working on gathering information on consultants that can help with defending our Zoning Ordinance. The earliest the first ZHB meeting can be scheduled would be December of 2010 however there may be an extension granted by the applicant for sometime the beginning of next year.
Although last night's meeting was canceled, the public's input last night was not critical since no decisions or substantive conversations were going to take place as to the potential framework of a revised ordinace. When the first Zoning Hearing Board meeting is scheduled for this application the public would be strongly advised to participate. Not having spoken to all of my fellow Commissioners, I believe there is a consensus that everything in our powers should be done to prevent these types of intrusive signage. As soon as I know when the first ZHB meeting is scheduled I will let you know through my "Broadcast E-mails". In the meantime if you have any questions or would like to voice your concerns, please feel free to send me an e-mail or call using the contact info below.
I think it is important that the Civic Association ask the Township Solicitor if there are any other ordinances that are not in compliance with the state law.
We have been reviewing the ordinance for these types of anomolies and identified many as part of the Zoning Ordinance Re-Write Committee's work. This one did not get picked up.
I am adamantly opposed to allowing billboards in Abington Township. However, unless we can demonstrate that such signs would constitute a hazard to public health and safety, our options may be limited to imposing regulations that will only serve to control elements such as the size, location, and type of signs. Public input may prove to be very critical. Your attendance at this meeting is strongly encouraged. If you have any questions or comments about either of these important meetings, don't hesitate to contact me.