(1)
Licenses.
(a) Each
initial application for a license shall be made on a form furnished by the
Director and accompanied by a nonrefundable fee as stated in 700 CMR 3.03.
Licenses shall expire on December 31st of each year,
unless otherwise revoked or further extended by the Director. Applications for
the renewal of licenses shall be received by the Director not later than the
last business day of November of each year unless otherwise extended by the
Director. All license applications shall be on a form furnished by the Director
and accompanied by a nonrefundable fee based upon the number of permits then
granted to the licensee as follows:
0 - 200 permits $ 1,000.00
In excess of 200 permits $ 1,500.00
(b) The Director reserves the right, after
notice and opportunity for hearing, to revoke for cause any license at any
time. Without limitation, any of the following shall constitute grounds for
revocation of any license as well as for imposition of any other penalty
provided by law:
1. Noncompliance with the
requirements of
700 CMR 3.00, the
Massachusetts General Laws, Federal Laws or the Federal-State Agreement, or any
permit or license issued by the Director;
2. Any willful violation of any requirement
of
700 CMR 3.00, the
Massachusetts General Laws or any permit or license issued by the
Director;
3. Any action relating to
signs or outdoor advertising that adversely impacts the public health, safety,
welfare or the environment;
4. Any
submission of false, misleading or deceptive information in any application or
in response to any information request by the Director.
(c) If a license is not renewed by the
Director or is revoked by the Director, all signs formerly authorized by permit
to the licensee shall be removed by the licensee within 60 days of the date of
notification of such final action of non-renewal or revocation, except any sign
the permit for which has been duly transferred to a licensee in good standing
pursuant to
700 CMR
3.12.
(d) If a licensee fails to remove a sign as
required by 700 CMR 3.03(1)(c), the Department may cause the sign to be removed
and disposed of in accordance with applicable law without liability of the
Department to the licensee or the owner of the sign in connection with said
removal, and said licensee or owner shall be liable for the costs of such
removal pursuant to M.G.L. c. 93D, § 30A, and M.G.L. c. 111, §§
123 through 125.
(2)
Permits.
(a) Each new
application for a permit, each application for the renewal of a permit, each
application for the transfer of a permit, each application for a temporary
permit, each application for amending a permit shall be made on a form
furnished by the Director and accompanied by a nonrefundable fee as follows:
1. New Permit Application Fee
|
$250.00/per permit
|
2. New Electronic Permit Application Fee
|
$1,000.00/per permit
|
3. one - 100 sq. ft.
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$100.00/per permit
|
4.101 - 300 sq. ft.
|
$150.00/per permit
|
5.301 - 1200 sq. ft.
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$250.00/per permit
|
6. Tri-vision Fee
|
$500.00/per permit
|
7. Transfer Fee
|
$100.00/per permit
|
8. Amendment Fee
|
$250.00/per permit
|
(b)
Signs permitted for alternating messages on a single face pursuant to
700 CMR
3.11 shall be accompanied by a nonrefundable
annual fee of $500.00. This does not apply to electronic signs.
(c) Except for temporary permits issued
pursuant to
700
CMR 3.05 or
700 CMR
3.07, all permits shall expire on December
31st of each year, unless otherwise revoked or
further extended by the Director. Application for renewal of permits, including
those in which administrative or judicial action has been taken but no final
administrative or judicial decision has been rendered adverse to the applicant,
shall be made on or before the last business day of November unless an
extension has been granted by the Director. Applications shall be made on a
form furnished by the Director and shall be accompanied by the required
fee.
(d) The Director reserves the
right, after notice and opportunity for hearing, to revoke for cause any permit
at any time. Without limitation, any violation of any provision of
700 CMR 3.00, any violation of
any provision of any permit or license, and any submission of false, misleading
or deceptive information in any application or in response to any information
request by the Director shall constitute grounds for revocation of any permit
as well as for imposition of any other penalty provided by law.
(e) If a permit is not renewed by the
Director or is revoked by the Director, the sign formerly authorized by the
permit shall be removed by the permittee within 30 days of the date the
Department mails notification of such final action of non-renewal or
revocation. In instances where there is no permit holder, the owner of the real
estate where the sign is located may be required to remove the sign
structure.
(f) If a sign is
abandoned or if a permit is surrendered, cancelled, or otherwise relinquished
by a permittee, or if a permittee fails to file a timely or complete
application for renewal, the sign formerly authorized by the permit shall be
removed by that person within 30 days of the abandonment, surrender,
cancellation, relinquishment, or expiration of such permit, whichever occurs
first.
(g) If a permittee or the
real estate owner fails to remove a sign as required by 700 CMR 3.03(2)(e), the
Department may cause the sign to be removed and disposed of in accordance with
applicable law without liability of the Department to the Licensee or the owner
of the sign in connection with said removal, and said licensee or owner shall
be liable for the costs of such removal pursuant to M.G.L. c. 93D, § 30A,
and M.G.L. c. 111, §§ 123 through 125.
(h) Permits issued by the Director for any
sign are revocable, and of limited duration. Such permits do not create
property rights. Nothing in
700 CMR 3.00 is intended and
nothing should be construed to create vested property rights of any
kind.
(3)
Fees. All fees are non-refundable whether the
application has been approved or denied and shall be paid by check or money
order payable to the Massachusetts Department of Transportation.
(4) Each application for a license, license
renewal, new permit, permit renewal, permit transfer and temporary permit shall
be made upon a form furnished by the Director and shall be accompanied by the
prescribed fee.