09 LC
34 2309S
The
House Committee on Transportation offers the following substitute to SB
164:
A
BILL TO BE ENTITLED
AN ACT
To
amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of
Georgia Annotated, relating to the control of signs and signals on the state
highway system, so as to provide for certain height limitations on such signs;
to allow owners of legally erected and maintained signs to obtain permits to
remove vegetation from the view zones of their signs if certain specified
conditions are met; to provide for procedures, fees, and penalties related to
the foregoing; to provide for stages of implementation by department districts;
to provide for renewal of all permits on April 1; to provide for severability;
to provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia
Annotated, relating to the control of signs and signals on the state highway
system, is amended in Code Section 32-6-75, relating to restrictions on outdoor
advertising signs authorized by Code Sections 32-6-72 and 32-6-73, by striking
"or" at the end of paragraph (20) of subsection (a), by striking the period at
the end of paragraph (21) of subsection (a) and inserting in lieu thereof a
semicolon, and by adding at the end of subsection (a) two new paragraphs to read
as follows:
"(22)
After July 1, 2009, exceeds 75 feet in height as measured from the base of the
sign or the crown of the adjacent roadway to which the sign is permitted,
whichever is higher. Preexisting signs in excess of 75 feet in height shall not
be deemed nonconforming by reason of their height; or
(23)
After July 1, 2009, is erected without the sign owner providing, on or before 30
days after the completion of construction, one copy of the structural drawings
of the sign structure stamped and signed by a registered professional engineer
licensed in the State of Georgia to the department for its
records."
SECTION
2.
Said
part is further amended in Code Section 32-6-75.3, relating to applications for
tree trimming permits and annual renewals and criteria for trimming trees or
vegetation, by deleting the paragraph (1) designation from subsection (b), by
repealing paragraph (2) of subsection (b) in its entirety, and by revising
paragraph (1) of subsection (e) as follows:
"(e)(1)
The department shall evaluate each application for a permit under this Code
section and require as a condition of granting any permit under this Code
section that the
value of
the landscaping to be either provided or paid for by the applicant is not less
than the department's appraised value of the benefit to be conferred by the
state upon the applicant by allowing the trimming or removing of trees or other
vegetation as requested, which shall be the value of the trees or vegetation to
be trimmed or removed; provided, however, that a permit may be granted to an
otherwise qualified applicant in a case where the value of the landscaping to be
either provided or paid for by the applicant is less than the department's
appraised value of the trees or other vegetation to be trimmed or removed if, in
addition, the applicant pays to the department an amount equal to the amount of
the difference between the value of the landscaping to be either provided or
paid for by the applicant and the department's appraised value of the trees or
other vegetation to be trimmed or removed
outdoor
advertising permit holder submit a vegetation fee of $4,000.00, which shall be
deposited in the Roadside Enhancement and Beautification Fund for grants
approved by the Roadside Enhancement and Beautification Council for roadside
beautification projects. Such funds shall not be used to plant vegetation that
will block or diminish motorists' view of outdoor advertising
signs."
SECTION
3.
Said
part is further amended by adding a new Code section to read as
follows:
"32-6-75.4.
(a)
As used in this Code section, the term:
(1)
'Abandoned sign' means any sign adjacent to a state-controlled route that is not
structurally safe and in good repair or which has not contained a message for
six consecutive months and which has not had a message displayed within 30 days
after receipt of notice by certified mail from the department. The addition of
a 'for rent' panel or a phone number does not qualify as a 'message' for
purposes of this Code section, but advertising copy benefitting charitable,
nonprofit, religious, or other noncommercial groups shall qualify.
(2)
'Beautification plan' means an agreement between the department and the outdoor
advertising permit holder describing the replacement landscaping which will be
installed at the work site by the permit holder, listing the type or types of
trees to be planted, the size of such plantings, and the numbers of each tree
type.
(3)
'Removal' or 'removed' means the elimination of trees or other vegetation from a
view zone.
(4)
'Replacement landscaping' means department approved vegetation that is planted
and maintained in the area of the right of way where vegetation has been removed
pursuant to a vegetation permit.
(5)
'Self-promotional advertisement' means an advertisement covering more than 75
percent of at least one advertising surface of a sign and including more than
simply a phone number. Copy covering only a fraction of the surface of a sign,
or copy including only a phone number, shall not be a self-promotional
advertisement.
(6)
'View zone' for purposes of this Code section means an area extending from the
sign to the roadway which shall be angled to maximize the visibility of the sign
to passing motorists but not exceed:
(A)
Two hundred seventy-five feet along the right of way fence or boundary;
and
(B)
Five hundred feet along the edge of the roadway pavement.
(7)
'Work site' means the specific section of the right of way between the beginning
and end point of the approved view zone where vegetation removal is to be
performed.
(b)
In accordance with the provisions of this Code section, upon submission and
review of a properly executed and completed application, the department shall
issue a permit for the removal of vegetation located on the right of way of any
controlled highway adjacent to a sign which was legally erected under a
department permit prior to July 1, 2009, whenever such vegetation prevents an
unobstructed view zone to the sign from the main traveled way of such
highway.
(c)
Permit requirements:
(1)
No vegetation shall be removed under this Code section other than that which
lies within a view zone. The conditions of vegetation removal pursuant to this
Code section shall in no way be limited pursuant to limitations found in Code
Section 32-6-75.3.
(1.1)
The proceeds from the sale of any vegetation removed pursuant to this Code
section shall be submitted to the department and deposited in the Roadside
Enhancement and Beautification Fund.
(2)
No more vegetation shall be removed pursuant to a vegetation permit than is
necessary to ensure that a sign has a view zone. The outdoor advertising permit
holder shall be able to remove vegetation within the original scope of the
permit without the need for future applications when an annual renewal fee of
$50.00 is current.
(3)
No vegetation along the right of way of a highway on the controlled system
within the view zone of a department permitted outdoor advertising sign shall be
removed by any nondepartment personnel other than in accordance with this Code
section.
(4)
In order to obtain a vegetation permit for signs which exceed 75 feet in height,
as measured from the base of the sign or crown of the adjacent roadway to which
the sign is permitted, whichever is higher, the owner of the sign must agree to
reduce the sign to 75 feet in height or less unless lowering is precluded by
local code or regulation. The department shall have the authority to revoke the
sign permit of any permit holder who does not lower the sign within 30 days of
removing the vegetation unless lowering is precluded by local code or
regulation. Signs which exceed 75 feet in height, as measured from the base of
the sign or crown of the adjacent roadway to which the sign is permitted,
whichever is higher, that are not reduced in height within such time frame shall
be subject to the penalties outlined in this Code section, and the performance
bond shall be forfeit. Upon completion of any project which reduces sign height
by use of a new support mechanism, such as a new pole, the sign owner shall
provide the department a written footer inspection from the applicable local or
county or a licensed engineer.
(5)
The department shall have the right to refuse to issue any vegetation permits to
any person, firm, or entity which the department determines is maintaining or is
allowing to be maintained any abandoned signs, until such abandoned signs are
removed or brought into compliance with this part.
(6)
No permit holder shall have in their inventory of signs in Georgia any sign
which depicts sexually suggestive imagery, obscene material, as that term is
defined in Code Section 16-12-80, or material that is in direct conflict with
the local jurisdiction's obscenity ordinance.
(7)
No removal of any landmark, historic, or specimen tree species shall be
permitted under this Code section. For purposes of this paragraph, the
term:
(A)
'Landmark tree' means a tree or group of trees that:
(i)
Have been planted and maintained for educational purposes for more than 75
years;
(ii)
Were planted as a memorial to an individual, group, event, or cause and are more
than 75 years old; or
(iii)
Symbolize a historically significant individual, place, event, or contribution,
as recognized by a unit of government.
(B)
'Historic tree' means a tree or group of trees that are reasonably determined by
the department to be:
(i)
Identified by a unit of government to recognize an individual or
group;
(ii)
Located at the site of a historic event and significantly impact an individual's
perception of the event;
(iii)
Dated to the time of a historic event at the location of the tree, as identified
by a unit of government; or
(iv)
Confirmed as the progeny of a tree that meets any of the above
criteria.
(C)
'Specimen tree' means a hardwood tree or group of hardwood trees that is
determined to be in excess of 75 years of age as determined by a registered
forester or arborist.
(8)
No removal of any tree planted prior to January 1, 2009, as part of any local,
state, or federal government or specifically identified beautification project
shall be permitted under this Code section unless written approval is obtained
from the sponsoring jurisdiction.
(9)
When vegetation is removed and the department determines that no replacement
landscaping shall be installed in the view zone, all root masses must remain
intact in order to ensure there is no soil disturbance. All substantial
deposits of saw dust and wood chip piles created from the removal of vegetation
shall be disposed of or dispersed in accordance with department
policies.
(10)
The department shall deny a vegetation permit application to the
extent:
(A)
The application is for the opening of view to a sign which is illegal, in
violation of any of the terms of its outdoor advertising permit, or is currently
involved in litigation with the department;
(B)
The vegetation was planted as a designated noise barrier, visual barrier, or to
provide erosion control, in which case the application shall be approved only to
allow cutting which will not remove such planted vegetation;
(C)
The proposed removal would open views to a commercial junkyard for automotive
vehicles, in which case the application shall be approved only to allow cutting
which will not further expose the junkyard to motorists; or
(D)
The work site is within 1,000 feet of a state-designated scenic
area.
(11)
Replacement landscaping:
(A)
In exchange for permission to remove existing vegetation as outlined in this
Code section, the outdoor advertising permit holder shall acquire, install, and
maintain replacement landscaping and adhere to the policy set forth by the
department in coordination with the Roadside Enhancement and Beautification
Council. The vegetation fee, as prescribed in paragraph (1) of subsection (e)
of this Code section, shall be offset by the costs associated with such
replacement landscaping. The department shall not provide any funds to the
applicant if the applicant's replacement landscaping planting and maintenance
costs exceed $4,000.00. Under no circumstances shall the total amount submitted
to the Roadside Enhancement and Beautification Fund after any and all deductions
be less than $1,000.00.
(B)
The location of replacement landscaping shall be in the area of the work site
from the pavement of the main traveled way to the right of way fence or
boundary. Taller growing species of vegetation may be replaced with approved
lower growing varieties within the limits of the work site.
(C)
Replacement landscaping shall consist of the planting of trees from the list
approved by the department. In coordination with the Roadside Enhancement and
Beautification Council, the department shall establish such a list on or before
the effective date of this Code section and it shall be subject to revision from
time to time. All replacement tree plantings must be installed in accordance
with the guidelines established by the department to include any applicable
planting season and must be performed in accordance with any executive orders
regarding planting season. The department shall differentiate trees according
to preferred geographic area of the state, if any, and maximum height at
maturity. For the safety of wildlife and motorists, the department shall
exclude from the approved list any trees that are known to attract deer. An
approved replacement landscaping plan shall require the planting of trees in a
ratio of twenty-two trees from the department's approved list for each site
where a vegetation permit is granted on the right of way. Tree species may only
be approved to the extent their height at maturity will not obscure the clear
view zone. All single-stemmed replacement trees shall be a minimum of six feet
tall at the time of planting, and multi-stemmed vegetation shall be a minimum of
three feet tall. If the department determines the applicant's site is not
suitable for the default tree replanting plan, the department shall consider the
acceptance of a wildflower planting equal to two times the cleared vegetation
area, provided the minimal area of the wildflower plot is no smaller than an
area of 5,000 square feet. The costs of the wildflower planting shall be paid
for and maintained by the permit holder and installed during the appropriate
planting seasons as determined by the department and in conjunction with any
existing wildflower program for that area and should be located at the work site
or at a more suitable area to the work site as determined by the
department.
(D)
The department prior to promulgation and in coordination with the Roadside
Enhancement and Beautification Council shall establish a policy regarding the
installation and maintenance of all replacement landscaping to be installed by
outdoor advertising permit holders.
(E)
All replacement landscaping must be installed promptly and in no case longer
than 90 days after vegetation removal unless a different schedule is required
pursuant to department planting guidelines. Outdoor advertising permit holders
shall be responsible for erosion control methods as determined by the local
Environmental Protection Division in cases where the department's planting
guidelines do not allow the installation of replacement landscaping within 90
days of vegetation removal.
(F)
The installation of replacement landscaping must follow federal, state, and
local watering guidelines. If such guidelines make the installation of
replacement landscaping unsuitable, then a vegetation permit shall still be
issued, provided that the outdoor advertising permit holder submits the entire
amount of the vegetation fee which shall be deposited in the Roadside
Enhancement and Beautification Fund for roadside beautification projects. In
any instance where the department issues a vegetation permit but determines that
no replacement landscaping is required, it shall deliver as an element of the
annual report to be made pursuant to subsection (h) of this Code section a
written report describing the site and the reasons that replacement landscaping
was deemed unsuitable. Replacement landscaping shall be required in all
instances unless it is unsuitable due to geography, department-approved fixtures
or paving, climatic conditions, or safety concerns.
(G)
The department may determine that the work site is unsuitable for replacement
landscaping based on local standards, unique terrain, or public safety concerns.
In such a case, a vegetation permit shall be issued, provided that the outdoor
advertising permit holder submits the full vegetation fee which shall be
deposited in the Roadside Enhancement and Beautification Fund for roadside
beautification projects. Such funds shall not be used to plant vegetation that
will block or diminish motorists' view of outdoor advertising
signs.
(H)
The outdoor advertising permit holder has a duty to maintain the replacement
landscaping for two years from the last date of installation. If the outdoor
advertising permit holder fails to maintain the replacement landscaping as
provided for in this Code section, the performance bond outlined in subparagraph
(d)(2)(G) of this Code section shall be forfeited. If the outdoor advertising
permit holder renews the permit pursuant to paragraph (3) of subsection (d) of
Code Section 32-6-75.4 for any period after two years, the permit holder shall
be required to maintain the replacement landscaping during the renewal term. If
replacement landscaping is installed and the outdoor advertising permit holder
renews such permit in subsequent years, they shall be required to enter into a
maintenance agreement for the maintenance of the view zone during the renewal
period.
(d)
Permit application process and fees:
(1)
A vegetation permit must be secured prior to performing any vegetation removal.
The permit shall be effective for one year from the date of issuance. Any
permitted work not completed during that year shall require the submission of a
new application to complete.
(2)
Permit applications for vegetation removal will be made by the outdoor
advertising permit holder upon the forms prescribed and provided by the
department and shall contain the signature of the outdoor advertising permit
holder. A separate application must be submitted for each view zone. The
application must contain all required information before a permit will be
granted. The following is a list of all required information that must be
submitted with the application form:
(A)
The name, address, telephone number, facsimile number, and e-mail address of the
outdoor advertising permit holder;
(B)
The name, phone number, and address of the property owner, if easily
obtainable;
(C)
The sign's state permit number;
(D)
A detailed site plan identifying at a minimum the following items:
(i)
The requested limits of the work site for the proposed vegetation
removal;
(ii)
A detailed identification of the requested action, such as removal;
(iii)
The proposed view zone;
(iv)
The right of way line within the work site;
(v)
The method by which work crews will access the right of way;
(vi)
Proposed method for securing the site on a temporary basis;
(vii)
The edge of the main traveled way within the work site;
(viii)
A scale showing the actual distances indicated in the site plan;
and
(ix)
A table or key identifying vegetation or other icons indicated on the site
plan;
(E)
Photographic images of the sign and the existing vegetation at the work
site;
(F)
A certification that all work performed under the permit will be in accordance
with the department's policy regarding replacement landscaping installed by the
outdoor advertising permit holder; and
(G)
An acknowledgment by the outdoor advertising permit holder that a performance
bond in an amount adequate to ensure the completion of the installation and
maintenance of the replacement landscaping and any required sign height
reduction must be obtained prior to work beginning. After issuance of the
vegetation permit but before any work begins, the original performance bond must
be submitted to the department. Work performed without a bond in place shall
violate this Code section and be subject to penalties as provided by this Code
section. The performance bond shall be released upon final inspection and
acceptance of the work by the department.
(3)
An application fee in the amount of $500.00 shall accompany the application, and
both the application and fee shall be submitted to the department. Proceeds
from initial application fees shall be retained by the department for outdoor
advertising regulatory purposes. There shall be an annual renewal fee of $50.00
if the outdoor advertising permit holder requests to remove vegetation within
the original scope of the permit without the need for future applications.
Renewal fees shall be deposited in the Roadside Enhancement and Beautification
Fund for roadside beautification grants approved by the Roadside Enhancement and
Beautification Council. Such funds shall not be used to plant vegetation that
will block or diminish motorists' view of outdoor advertising signs. Renewal
fees shall be due for each calendar year following the issuance of the
vegetation permit and will be due within 45 days of receipt of a renewal notice
from the department.
(4)
Within 60 days following receipt of the complete vegetation permit application,
the department shall approve or deny the application. If the application is
approved, the applicant shall be issued a permit. If the application is denied,
the department shall advise the outdoor advertising permit holder, in writing,
of the reasons for denial. If the department fails to approve or deny such
application within 60 days of receipt, $250.00 of the application fee shall be
refunded and the department shall have an additional 30 days, for a total of 90
days, to approve or deny the application. If the department fails to approve or
deny such application within 90 days of receipt, the remaining $250.00 of the
application fee shall be refunded and the department shall have an additional 30
days, for a total of 120 days, to approve or deny the application. If 120 days
pass without department action on a vegetation permit application, it shall be
deemed approved and the permit or approval issued within five business days. If
the necessary permit or approval is not timely issued, the applicant shall be
entitled to perform the work in accordance with the application materials
submitted which shall constitute the permit.
(e)
Vegetation fee:
(1)
At least 15 days prior to vegetation removal pursuant to an issued permit, the
outdoor advertising permit holder shall submit a vegetation fee in an amount
equal to $4,000.00 minus the costs associated with acquiring, installing, and
maintaining the replacement landscaping which costs shall be submitted by the
outdoor advertising permit holder and approved by the department. The costs and
expenses associated with acquiring, installing, and maintaining replacement
landscaping shall be described in the registered forester's or arborist's
signed, written report submitted in conjunction with the application. No
adjustment to the vegetation fee shall be made after the permit has been
approved and the total amount of such fee shall never exceed
$4,000.00.
(2)
All vegetation fees shall be deposited in the Roadside Enhancement and
Beautification Fund for grants approved by the Roadside Enhancement and
Beautification Council for roadside beautification projects. Such funds shall
not be used to plant vegetation that will block or diminish motorists' view of
outdoor advertising signs.
(f)
Violations:
(1)
Following notice, hearing, and a finding that a person has removed vegetation in
a highway right of way for purposes of outdoor advertising in violation of this
Code section, a civil fine of not less than $5,000.00 nor more than $10,000.00,
and restitution in an amount equal to the appraised value of the unlawfully
removed vegetation, shall be imposed on such person.
(2)
The department or its authorized agents shall be authorized to enter upon
private lands and disassemble and remove signs without civil or criminal
liability therefor pursuant to an order issued in accordance with this paragraph
and as provided by Code Section 32-6-96 for disassembly and removal of illegal
outdoor advertising signs where such order has been upheld in any subsequent
administrative or judicial appeals.
(g)
Effective date:
(1)
This Code section shall become effective on July 1, 2009, and shall be
implemented as a three-year pilot program by adding department districts to the
program in the following staggered manner:
(A)
Year one, effective July 1, 2009: First and Fourth department
districts;
(B)
Year two, effective July 1, 2010: add Third, Sixth, and Seventh department
districts; and
(C)
Year three, effective July 1, 2011: add Second and Fifth department
districts.
(2)
As of July 1, 2012, this Code section shall become applicable to all outdoor
advertising signs lawfully permitted by the department wherever located unless
otherwise determined by the General Assembly. If this Code section has not been
repealed on July 1, 2012, Code Section 32-6-73.3 shall automatically be
repealed on July 1, 2012. Nothing contained in this Code section shall render
any sign existing on July 1, 2009, nonconforming. Nothing in this Code section
shall supersede any applicable local rules or ordinances. The department may
not deny an applicant a vegetation permit for complying with applicable local
rules or ordinances.
(h)
The department shall promulgate any forms or policies necessary to implement the
program provided for by this Code section within 120 days of the effective date
of this Code section. Prior to December 31 of each calendar year, the
department shall furnish to the members of the transportation committees of both
chambers of the General Assembly and to the Roadside Beautification Enhancement
and Beautification Council an annual report to include: (1) the number of
vegetation permit applications received by the department; (2) the number of
permits issued; (3) the number of permits issued in each department district;
(4) the total amount of vegetation fees collected; (5) the total amount of
grants issued by the Roadside Enhancement and Beautification Council; and (6) a
statement to comply with the provisions of subparagraph (c)(11)(F) of this Code
section."
SECTION
4.
Said
part is further amended by revising subsection (a) of Code Section 32-6-74,
relating to applications for permits, fees, and renewals, to read as
follows:
"(a)
Applications for permits and the renewal thereof authorized by subsections (a)
through (d) of Code Section 32-6-79 shall be made to the department upon forms
prescribed by the department. The applications shall contain the signature of
the applicant and such other information as may be required by the department
and shall be verified under oath by the person, firm, or corporation making the
application. Permits
and
renewals thereof shall be issued for and
shall be valid only if the sign is erected and maintained in accordance with
this part during the 12 month period next following the date of issuance. The
fee for the initial issuance of a permit shall be $50.00. The fee for the
renewal of a permit shall be $25.00. The money received from permit fees shall
be used to help defray the expenses of administering this part, Code Section
48-2-17 to the contrary notwithstanding. Upon receipt of a properly executed
application and the appropriate fee for the erection or maintenance of a sign
which may be lawfully erected or maintained pursuant to this part, the
department shall, within 60 days, issue a permit
or
renewal authorizing the erection or
maintenance, or both, of the sign for which application was made except when a
person, firm, or corporation is maintaining or allowing the maintenance of an
illegal sign as provided for in subsection (f) of Code Section 32-6-79.
All permits,
to include vegetation permits issued pursuant to Code Sections 32-6-75.3 and
32-6-75.4, shall expire on the first day of April in the year following
issuance.
Application
for the renewal
Renewal
of a permit or
vegetation permit shall be made to the
department not more than
90 nor less
than 60
30
days before the expiration date of the permit for which renewal is sought. If
the department fails to receive the renewal application before the expiration
date of the permit, the department will notify the applicant that the renewal
application is overdue when the applicant's address is known or reasonably
available to the department and shall give the applicant 30 days after
the
expiration date
receipt of
such notice to send the department the
renewal application. If the applicant does not send the properly executed
permit
renewal application and
the
appropriate fee within the specified 30
day period, the sign shall then become an illegal sign.
If a
vegetation permit renewal application and fee is not submitted within the 30 day
period, the vegetation permit shall be
cancelled. No permit shall be renewed if
the application for the renewal thereof has not been made in accordance with
this Code section."
SECTION
5.
In
the event any section, subsection, sentence, clause, or phrase of this Act shall
be declared or adjudged invalid or unconstitutional, such declaration or
adjudication shall affect and invalidate the whole of the smallest section or
subsection in which such matter appears herein, but shall in no manner affect
the other sections, subsections, sentences, clauses, or phrases of this Act,
which shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or unconstitutional
were not originally a part hereof. The General Assembly declares that it would
have passed the remaining parts of this Act if it had known that such part or
parts hereof would be declared or adjudged invalid or unconstitutional, but
would not have passed any section of this Act containing or constituting an
invalid or unconstitutional provision.
SECTION
6.
This
Act shall become effective on July 1, 2009.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.