State to county: Stop removing bandit signs

Signs, signs, everywhere there's signs

Blockin' out the scenery, breakin' my mind

Do this, don't do that, can't you read the sign

The Five Man Electrical Band pointed to problems with signs in their hit song way back in 1971. Most of Sussex County's sign regulations date back just about that far.

Officials agree the county sign ordinance needs a major overhaul, but there is no clear direction how far the upgrade should go.

The proliferation of bandit signs illegally placed along county roads and intersections that appear on weekends has brought the sign issue to the forefront, said County Administrator Todd Lawson.

It's reached such a tipping point that Lawson said developers tell him the signs have become a business decision as a marketing tool. “They tell me in a polite way they know they could be fined and are willing to pay the fine,” he said.

In an effort to thwart the system, bandit signs are put out Friday night when county workers are off, and removed either late Sunday night or early Monday morning, said Lawrence Lank, director of county planning and zoning. The small signs advertise open houses and subdivisions throughout the Cape Region.

State transportation officials have now requested county staff stop confiscating signs. Since Jan. 1, county workers have pulled more than 1,100 signs placed in the state's 10-foot right-of-way and on private property without permission, Lank said. On May 3, in a four-hour period, five employees pulled out more than 250 signs. All signs were destroyed and no fines have been levied, Lank said.

Lank said the current sign ordinance allows county staff to confiscate signs on private property but not in state right-of-way. However, in 2009 the county and state reached an agreement that would permit county staff to remove illegal signs in the right-of-way.

Now, Lawson said, the state wants to review that agreement. “They want a better definition of the state's and county's authority,” he said.

Lawson said a gentleman's agreement is not the type of authority the state wants to operate under.

Even with fines, Lawson said, it's hard for Delaware Department of Transportation staff to justify frequent crackdowns on signs. “It comes down to cost-benefit analysis and the fact that work would take place on weekends makes it more complicated,” Lawson said.

During the June 30 county council meeting, Lawson said he was seeking council's guidance on how far to go with updating sign regulations. “It could be a complete change or amendments,” he said, adding council could consider a sign moratorium until a new ordinance is passed.

Lawson said at the very least a workshop including council, planning and zoning and board of adjustment members as well as staff and stakeholders should be planned.

Lawson said officials should consider other sections of the sign ordinance including a clear definition and regulations relating to banner or feather signs and LED signs.

Lank said bandit signs should be addressed quickly because without the threat of removal by the county, more signs will appear. “It could be worked out,” Lank said. “DelDOT wants to coordinate and work together.”

Councilman Rob Arlett, R-Frankford, said he had a hard time understanding why county staff could not confiscate illegal signs.

“We can't enforce state law,” Lank said, adding staff can still pull bandit signs on private property. “Although it's hard to determine where to draw the line sometimes,” he added.