Updated: 12/25/2011 05:44:26 PM EST
PHOENIXVILLE, Pa.—Residents in yet
another suburban Philadelphia borough are gearing up for a possible legal battle
over a developer's desire to erect large electronic billboards.
Entrepreneur Thaddeus Bartkowski III, who has attempted to put up billboards
in a number of suburban communities, is now proposing three electronic V-shaped
billboards, 12 feet high and 40 feet wide, along Nutt Road in Phoenixville. Some
residents who say the billboards would be a visual blight and a dangerous
distraction for drivers also say they expect a fight in Chester County Court.
For the past several years, Bartkowski Investment Group has sought to bring
billboards to suburban areas, often by mounting legal challenges to municipal
zoning codes. He has cited 1960s-era Pennsylvania Supreme Court rulings against
"exclusionary zoning" that say municipalities cannot restrict development in
ways that keep out specific classes of people or kinds of businesses.
Bartkowski argues that the rulings make local zoning codes that bar or do no
expressly permit billboards unconstitutional.
"We should be given the same opportunity" as other businesses to operate, he
told The Philadelphia Inquirer (
http://bit.ly/tgiiY7) last week. "We're going to
pursue whatever recourse we have."
His efforts—which have included such locales as Abington, Springfield,
Concord, and Haverford—began in 2008 in Marple Township, where he proposed
putting up seven billboards. The township resisted, and Bartkowski went to
Delaware County Court, where the case remains. Also in litigation are his
efforts to install outdoor signs in Springfield and Concord Townships.
Montgomery County's Lower Merion Township is also in court, trying to remove a
billboard owned by a company Bartkowski used to control.
Other billboard proposals are still before local zoning boards; in Haverford
Township and Newtown Square, the fight has been going on for more than two
years.
Former Marple Township supervisor John Butler said that if Bartkowski
prevails, he will be able to "put billboards anywhere, with no control."
Attorney Jim Byrne, who represents six municipalities, contends that the signs
can be barred as long as the municipalities prove they represent a threat to
residents' health, safety, and welfare.
Critics accuse Bartkowski of targeting communities with zoning codes that are
vulnerable because they make no provisions for the placement of billboards
within their boundaries, for example in industrial areas. He denies such
targeting, saying he only tries to put billboards where his advertisers want
them. He blamed municipalities and activists for allowing legal battles to drag
on rather than reaching a settlement.
Bartkowski points to a deal last summer with Westtown Township in Chester
County in which he agreed to change the location of his proposed billboard and
add such features as plants and a fence.
"We're an easy group of people to deal with," he said.
Phoenixville's zoning board is slated to decide on the proposed billboard
sites by the end of February, and Bartkowski's lawyer has indicated that he will
take the case to county court if he is rebuffed. Some residents who came to a
recent hearing urged the board to turn the proposal down, including Deborah
Wentworth, who called the signs "obscene."
"We need to fight this all the way," she said.
Carol Butler, a billboard opponent with the Pennsylvania Resources Council,
wants towns to change their zoning codes to allow limited signage in order to
forestall billboard efforts. She also wants state lawmakers to revise zoning
statutes to make it easier for municipalities to exclude billboards. Three such
bills were introduced this session by suburban Philadelphia lawmakers, but none
made it out of committee.
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Information from: The Philadelphia Inquirer,
http://www.philly.com