Lower Merion Township
City Zoning Code
City Zoning Code
ARTICLE X
Supplemental Use Regulations and Nonconformities
§ 155-10.1 Accessory use regulations.
A.
Home occupations are permitted as an accessory use to any residential dwelling.
(1)
The following restrictions apply specifically to nontraffic or minor home occupations:
(a)
No commercial traffic visits shall be permitted for nontraffic home occupations.
(b)
Minor home occupations are only permitted subject to the following restrictions:
[1]
No more than one commercial traffic visit per hour and a maximum of four commercial visits per day is permitted.
[2]
All visits shall be between the hours of 9:00 a.m. and 9:00 p.m.
[3]
In all LDR and MDR Zoning Districts, a separation requirement of 500 feet from any other home occupation (except for nontraffic home occupations) shall apply. This may be modified by special exception if the applicant establishes that the use is located in a neighborhood which is not primarily residential in character or the use will not have a substantial tendency to commercialize the neighborhood.
[4]
Minor home occupations shall provide one off-street parking space for that use in addition to the parking required for the dwelling.
[Added 7-21-2021 by Ord. No. 4222]
[a]
In the MDR-1 District, on-street and public parking within 500 feet of the property may count towards the required parking for a minor home occupation.
(2)
Home occupations (minor and nontraffic) are permitted in LDR and MDR1 Zoning Districts or any residential dwelling unit, subject to the following additional restrictions:
(a)
No person except a resident practitioner (or employee which the practitioner is required by law to have on the premises) shall work on the premises in connection with the use.
[1]
Home occupations shall be entirely conducted within a building and shall not occupy more than 500 square feet of floor area or up to 25% of the home, whichever is greater.
[2]
No goods shall be publicly displayed on the premises.
[3]
No outside storage of materials or equipment is permitted, except that one business vehicle may be maintained on the property if parked off street and behind the required front yard setback.
[4]
The existence of the use shall not be visible from the exterior of the property.
[5]
No sign may be displayed, except that a minor home occupation sign may be provided as described in Article IX, Sign Standards.
[6]
A certificate of occupancy shall be obtained authorizing the home occupation.
(b)
Home occupations (minor and nontraffic) in MDR2, MDR3, VC, TC, and special districts are permitted subject to the following additional restrictions:
[1]
In multifamily buildings, the home occupation shall only be located in the user's dwelling unit.
[2]
The home occupation shall not occupy more than 50% of the floor area of the dwelling unit.
[3]
In the MDR2 and MDR3, a home occupation, except a nontraffic home occupation, shall be located on the first floor.
[4]
Lobbies shall not be used as waiting rooms.
[5]
A certificate of occupancy shall be obtained authorizing the home occupation.
B.
Family day-care. Family day-care, for up to six nonresident children (excluding the caretaker's children), is permitted in LDR and MDR Zoning Districts as follows:
(1)
Shall be located in a single-family, detached dwelling in which the caregiver resides.
(2)
No person except the resident caregiver and/or an employee required by law shall work on the premises in connection with the use.
(3)
Minimum lot area of 10,000 square feet is required.
(4)
Minimum of 40 square feet of usable floor area per child, inclusive of furnishings and equipment is required.
(5)
Minimum of 100 square feet of outdoor play area per child, available on the same lot is required. Such play space shall be on the rear half of the lot, enclosed by a fence or wall and a minimum of 30 feet from any adjacent residential building.
(6)
A driveway is required in order to allow off-street pickup and dropoff of children.
(7)
Minimum distance requirement shall be 500 feet from another such facility, measured by the shortest distance between the lot on which the proposed use will be located and the lot or lots which contain the existing use.
§ 155-10.2 Alternative housing options for elderly.
A.
Intent. In order to promote the general welfare and meet the specialized housing needs of the elderly, the provisions of § 155-10.2, Alternative housing options for elderly, are intended to:
(1)
Provide for small-scale housing facilities for elderly persons in LDR and MDR Zoning Districts in the Township.
(2)
Provide housing which will integrate elderly persons into the community as a whole in harmony with surrounding residential areas.
(3)
Provide for the special housing needs of persons 62 years of age or older who might not otherwise be able to acquire adequate housing in the community.
B.
Specialized conversions. In LDR, MDR, IC, and IH Zoning Districts, a single-family dwelling or an existing institutional building may be converted into no more than three dwelling units for the elderly, provided that the following criteria are met:
(1)
Each dwelling unit shall be a self-contained unit with separate bath, kitchen and living facilities for no more than two persons.
(3)
The exterior of the building will not be structurally altered to accommodate the conversion, beyond those required for reasons of safety or compliance with the accessibility requirements of the International Building Code.
(4)
No part of any dwelling unit can be above the second floor of the building.
(5)
The building may only be occupied by persons 62 years of age or older, their spouses, companions, or caregivers as needed for support.
(6)
The zoning permit granted for this use shall expire six months after the building ceases being occupied by elderly persons as herein provided, and the dwelling shall revert back to a single-family dwelling.
(7)
The owners shall apply for and receive an annual permit from the Township.
(8)
If the facility is not owner-occupied, its use shall be sponsored by an organization, a purpose of which is to provide housing for the elderly and to assume responsibility for overseeing the care and welfare of the residents. Such organization shall have a designated agent resident or offices in Pennsylvania.
C.
Restricted accessory dwelling units. In LDR, MDR, IC, and IH Zoning Districts, a single-family dwelling or an existing institutional building may be converted into two dwelling units, each with its own cooking facilities, provided that the following criteria are met:
(1)
All individuals living in the dwelling units are related by blood, marriage or legal adoption or are domestic partners.
(2)
One of the dwelling units shall contain no more than two persons, one of whom shall be 62 years of age or older.
(3)
The owner of the property shall execute an agreement with the Township, which shall be recorded with the Recorder of Deeds of Montgomery County, and which provides for the immediate removal of separate cooking facilities at such time as they are no longer being utilized as specified in this section.
(4)
All provisions of the Lower Merion Township Code, Chapter 62, entitled "Building Construction," shall be complied with.
(6)
If the restricted accessory dwelling unit is located in an accessory structure, the accessory structure shall comply with the principal building setbacks in the underlying zoning district.
(7)
The zoning permit granted for this use shall expire six months after the building ceases being occupied by elderly persons as herein provided, and the dwelling shall revert back to a use permitted in the district in which it is located.
(8)
The owner shall apply for and receive an annual permit from the Township.
(9)
One dwelling unit shall have no less than two times the square footage of occupied space than the other.
(10)
If the facility is not owner-occupied, its use shall be sponsored by a nonprofit organization, a purpose of which is to provide housing for the elderly and to assume responsibility for overseeing the care and welfare of the residents thereof. Such organization shall have a designated agent resident or offices in Pennsylvania.
§ 155-10.3 Shared residences for elderly or disabled.
In LDR, MDR, IC, and IH Zoning Districts, the construction, alteration or use of a principal building on a lot for a shared residence for up to six elderly or disabled persons who are capable of self-preservation and desirous of living together as a family unit with up to two caregivers is permitted, provided that the following criteria are met:
A.
The building may be occupied only by persons with a disability or who are 62 years of age or older, their spouses or companions or by persons 55 years of age or older if the housing meets the criteria for discriminating in favor of such persons set forth in the Civil Rights Act of 1968, as amended, or any succeeding legislation.
B.
Shared residences for the elderly and disabled shall be sponsored by a community-based nonprofit organization, a purpose of which is to provide housing for the elderly and to assume responsibility for overseeing the care and welfare of the residents thereof. Such organizations shall have a designated agent resident or offices in Pennsylvania.
C.
Each residence shall contain separate bedrooms for individuals not related to each other. Living, kitchen, dining and sanitary facilities, including bath facilities, may be shared. At least one and a half baths shall be provided for every three residents.
D.
If a shared residence is proposed for an existing building, the exterior of the building shall not be structurally altered to accommodate use as a group shared residence except for alterations required for reasons of safety or compliance with the accessibility requirements of the International Building Code. If new construction, the proposed building and its landscaping shall have a residential appearance compatible with the surrounding neighborhood.
E.
Buildings used for shared residences shall comply with all health, housing, fire and building codes of the Township and all applicable state statutes and regulations.
F.
At least 0.5 on-site, off-street parking space shall be provided for every resident of the shared residence.
G.
Permit requirements.
(1)
The sponsor shall apply for and receive an annual permit from the Township in order to operate a shared residence. Registration shall be completed in accordance with Chapter 92 of the Lower Merion Township Code. Further, in order to qualify for a permit for a group shared residence for the elderly, the sponsor shall demonstrate that:
(a)
The shared residence serves residents who are capable of self-preservation without assistance in the event of an emergency and who do not require the services or care provided by a personal care boardinghome or long-term-/intermediate-care facility regulated by the Commonwealth of Pennsylvania; and
(b)
The residents will live together as a single housekeeping unit and participate in the ongoing decisionmaking and daily operation of the building.
(2)
The sponsor shall present this information to the Building and Planning Department in the form of a management plan.
H.
Subject to the separation requirements of § 155-11.2E(6)(c).
§ 155-10.4 Conversion of building to adult day-care.
The Board of Commissioners may authorize as a conditional use the conversion of an existing dwelling in an MDR3 District into an adult day-care facility, subject to the following requirements:
A.
The adult day-care facility shall serve participants who are 62 years of age or older or who are 18 years of age or older and have a disability.
B.
The form standards shall be in compliance with Article IV, District Specific Standards, in the MDR3 District according to Table 4.2, MDR Form Standards, for each adult day-care facility.
C.
A buffer area shall be provided along the full length of all side and rear lot lines where a property abuts a LDR, MDR1 or MDR2 District. The buffer area shall be not less than 20 feet in width. The applicant shall also comply with the landscape design standards, site maintenance and guaranty provisions of Chapter 101, Natural Features Conservation, §§ 101-10 and 101-11, and Chapter 135, Subdivision and Land Development, § 135-5.2.
[Amended 5-18-2022 by Ord. No. 4244]
D.
Vehicular access shall be gained directly from and to a primary, secondary or tertiary street, or from a minor street if the point of access is within 200 feet of a primary, secondary or tertiary street and the applicant establishes that the major portion of the traffic created by the use will access the property from that direction.
E.
A maximum of 45 participants shall be permitted in an adult day-care facility. This limitation shall not include staff.
F.
There shall be a minimum of 50 square feet of floor space for each participant.
G.
The applicant shall demonstrate that adequate parking for participants and staff and adequate areas for all delivery and pickup activities can be provided. The following are the minimum requirements:
(2)
Adequate driveway and stacking space to accommodate one vehicle for every five adult participants measured from the location where participants are dropped off. If the applicant can demonstrate that the arrival times will vary, the stacking may be reduced to one vehicle for every 10 participants.
(3)
No parking or loading shall be permitted in the front yard setback.
(4)
A handicap accessible dropoff/pickup area shall be provided near the entrance to the building.
H.
Parking, loading, unloading, ingress and egress may be provided on the adjacent property, subject to the following conditions:
(1)
The adjacent property shall be owned by the applicant.
(2)
The adjacent property shall provide adequate ingress and egress for the proposed use.
(3)
The required driveways and parking on the adjacent lot are available during the hours of operation of the facility.
(4)
The required areas are within 200 feet of the building used for adult day-care.
(5)
The applicant shall enter into an agreement with the Township that if the adjacent property is no longer available for parking or ingress and egress, the applicant shall install the required improvements or cease the use of the adult day-care facility.
I.
If the facility is to accommodate more than 20 persons or if the Board of Commissioners determines it to be necessary to its decision, the applicant shall perform a traffic study satisfactory to the Township Engineer and provide improvements needed to ensure safe ingress and egress.
J.
The conditional use approval granted for this use shall expire six months after the building ceases to be occupied as an adult day-care facility, and the dwelling shall then revert to a use permitted in the district in which it is located.
K.
Participants shall not be permitted to stay overnight.
L.
The facility shall be licensed with the Commonwealth of Pennsylvania Department of Aging as an older daily living center prior to the issuance of an occupancy permit.
§ 155-10.5 Medical marijuana dispensary.
A medical marijuana dispensary shall be subject to the following regulations:
A.
Shall be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.
B.
Is only permitted to dispense medical marijuana in an indoor, enclosed, permanent, and secure building, and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
C.
Is not permitted to operate on the same site as a facility used for growing and processing medical marijuana.
D.
Is not permitted to have a drive-through service.
E.
Shall have a single, secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana.
F.
Permitted daily hours of operation of a medical marijuana dispensary shall be 8:00 a.m. to 8:00 p.m.
G.
Is only permitted to dispense medical marijuana to certified patients and medical marijuana caregivers and shall comply with all lawful, applicable state and local health regulations.
H.
Shall comply with the separation requirements set forth in the Medical Marijuana Act.[1] The separation distance shall be measured using a pedestrian route continually accessible to the public, measured from lot line to lot line, regardless of municipality in which it is located.
[1]
Editor's Note: See 53 P.S. § 10231.101 et seq.
I.
Parking requirements will follow the parking requirements for retail as specified in Article VIII, Parking Standards.
J.
Vehicular ingress and egress to and from a medical marijuana dispensary site shall be designed to accommodate the anticipated vehicles used to service the facility.
§ 155-10.6 Medical marijuana processing.
A medical marijuana grower/processor facility is authorized as a conditional use in LI, subject to the following regulations:
A.
Shall be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.
B.
Shall only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
C.
Maximum floor area shall be limited to 20,000 square feet of which sufficient space shall be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.
D.
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health policy and shall not be placed within unsecured refuse containers.
E.
Shall provide only wholesale products to other permitted medical marijuana uses. Retail sales and dispensing of medical marijuana and related products is prohibited.
F.
All odors shall be managed by ventilation and exhaust equipment with operable filtration so that any odors are effectively confined to the interior of the building. There shall be no emission of dust, fumes, vapors, odors, or waste into the environment that can be seen, smelled, or otherwise perceived beyond the facility.
H.
Vehicular ingress and egress shall be designed to accommodate the anticipated vehicles used to service the facility. All vehicular access shall secure the appropriate highway occupancy permit.
I.
A plan shall be provided demonstrating that all external and internal lighting, including light for nighttime growing, is shielded in such a manner as to not allow light to be emitted skyward or onto adjoining properties.
J.
Minimum fifty-foot buffer planting shall be provided when adjoining a LDR or MDR Zoning District.
L.
No pictures, photographs, drawings or other depictions of marijuana or marijuana paraphernalia shall be displayed on the outside of the facility or any sign associated therewith.
M.
Shall comply with any other lawful and applicable requirements or regulations imposed by state and/or local laws or regulations.
N.
Any use which may be noxious or offensive due to the emission of odor, dust, fumes, smoke, gas, vibration or noise as to constitute a nuisance is prohibited.
§ 155-10.7 Mandated emergency service.
Emergency facilities (ambulance services and fire stations):
A.
In LDR and MDR Zoning Districts may be authorized as a conditional use, subject to the following regulations:
(1)
The building shall be designed in terms of mass and appearance to conform to the area in which it is located.
(2)
Impervious surface limitations shall conform to the underlying zoning district.
(3)
The principal building shall meet all setback requirements of the underlying zoning district.
(4)
Emergency service shall have direct access onto a primary or secondary street.
(5)
A minimum two-mile separation distance shall be provided in LDR Zoning Districts between like emergency service facilities.
(6)
Improvements based upon a traffic study acceptable to the Board of Commissioners shall be constructed to ensure safe ingress and egress from the property.
(7)
Parking requirements shall be as specified in Article VIII, Parking Standards. Additionally, parking shall comply with the following:
(8)
A twenty-foot screening buffer shall be provided if adjacent to LDR or MDR Zoning Districts. The Board of Commissioners may also require fencing if required for public safety or to avoid a public nuisance. Access drives may penetrate this buffer.
(9)
All emergency vehicles, except those immediately available for use, shall be stored at all times in a fully enclosed building.
(10)
No motor repair or body work may be performed at the site. Routine maintenance is permitted and may only be performed within a fully enclosed building.
(11)
Land-based sirens shall not be operated in LDR or MDR Zoning Districts. The Board of Commissioners may impose further conditions to eliminate noise from the facility or associated emergency vehicles to prevent them from becoming a public nuisance.
(12)
Outdoor lighting shall be regulated to eliminate glare on surrounding properties.
(13)
Signage shall be limited to that permitted in the underlying zoning district.
§ 155-10.8 Conversion of building to emergency mandated service.
The Board of Commissioners may authorize as a conditional use the conversion of an existing building in a VC, TC or CAD District to a mandated emergency service use subject to the following requirements:
A.
There shall be no expansion to the existing building.
B.
There shall be no increase to the existing impervious surface on the property.
C.
The organization or agency shall maintain tax-exempt status under Section 501 (C)(3) or (4) of the Internal Revenue Code, as amended.
D.
A minimum two-mile separation distance shall be provided between like emergency mandated service facilities.
E.
Parking shall be the minimum space requirements for office uses in the underlying district as specified in Article VIII, Parking Standards. Additional parking and maneuvering space for volunteers and emergency equipment shall be provided based upon the number or size of the vehicles anticipated. The required parking shall be provided on the existing impervious surface.
F.
Land-based sirens shall not be operated.
G.
All emergency vehicles, except those immediately available for use, shall be stored at all times in a fully enclosed building.
H.
No motor repair or body work may be performed at the site. Routine maintenance may be performed, but only within a fully enclosed building.
I.
Existing pervious surface between the existing building and the side and rear property line shall be planted to provide a twenty-foot minimum buffer when abutting a residential use or district.
J.
The applicant shall demonstrate that any increase in traffic and any use of abutting streets by emergency vehicles shall not adversely impact local traffic conditions or represent a danger to the community.
§ 155-10.9 Antennas.
A.
Legislative intent.
(1)
Antennas provide users with a wide variety of video programming which may be unavailable from other sources. The Board of Commissioners recognizes this valuable means of telecommunications.
(2)
The Board of Commissioners also recognizes its duty to protect the health and welfare of the community through the police powers, specifically the zoning power, delegated to the Board of Commissioners by the commonwealth. The Board of Commissioners desires to provide for the use and enjoyment of antennas by Township residents while protecting the safety and health of the residents and preserving the character of the community, property values and general appearance of the Township.
(3)
The Board of Commissioners finds that:
(a)
Antennas are a valid accessory use in residential districts. As accessory structures are limited to rear yards by other sections of this chapter, antennas should also be placed in rear yards. This requirement will enhance the appearance of the residential neighborhoods of the Township and preserve property values.
(b)
Limitations on the number of antennas on residential lots will provide individual property owners with access to antenna technology while minimizing the impact on the appearance of the neighborhood.
(c)
Limitation on the size of the antenna to 13 feet will enable property owners to use antennas large enough to assure adequate video reception while prohibiting antennas which are unnecessarily large and unsightly.
(d)
Roof-mounted antennas may pose a health and safety danger to the community. Improperly installed antennas may become unstable and fall, causing personal injury and property damage. Even properly installed antennas may become damaged by high winds or other adverse weather conditions and present a health and safety hazard. Installation of roof-mounted antennas will be limited to those buildings in which the property owners have, in general, taken precautions to protect residents and passersby from injury due to falling objects. In addition, this limitation will also enhance community appearance and preserve property values.
B.
In LDR and MDR Districts, antennas are permitted as accessory uses only and are subject to the following regulations:
(1)
No more than one conventional and one satellite dish antenna is permitted per lot. Any person, partnership, corporation or association maintaining an antenna on a lot occupied by multiple tenants, condominium and/or homeowners, whether residential, commercial or industrial, shall make this antenna available to serve all such occupants.
(2)
Ground-mounted antennas are permitted only on that side of the principal building where the rear yard is located. If usable satellite signals cannot be obtained from such rear yard, the antenna may be located on the side yard, provided that a special accessory use permit is obtained prior to such installation. Antennas must be set back from side and rear property lines a minimum distance equal to the height of the antenna.
(3)
Antennas may not exceed six feet in height.
(4)
Roof-mounted antennas are permitted by right, subject to the provisions set forth under § 155-10.9D.
(5)
Use of the antenna is limited to the lot on which it is located.
(6)
Where a ground-mounted antenna is in full view of adjoining properties, plantings, designed to ameliorate the visual impact or to provide a partial visual screen, as approved by the Director of Building and Planning, will be required.
(7)
In LDR3 and MDR Districts, the provisions of § 155-10.9B(1), (2), (3) and (5) above shall not apply to franchisees using antennas to provide cable television service within the Township, except that such antennas may not exceed 23 feet in height.
C.
In all other districts, antennas are permitted as accessory uses only and are subject to the following regulations:
(1)
Roof-mounted antennas are permitted by right, subject to the provisions set forth under § 155-10.9D.
(2)
Ground-mounted antennas are permitted only on that side of the principal building where the rear yard is located, but not within any required yard area for the principal building. Antennas must be set back from side and rear property lines a minimum distance equal to the height of the antenna.
(3)
Antennas may not exceed six feet in height.
(4)
Where a ground-mounted antenna is in full view of adjoining properties, plantings designed to ameliorate the visual impact or to provide a partial visual screen, as approved by the Shade Tree Division of the Public Works Department, will be required.
(5)
The provisions of § 155-10.9C(2) and (3) above shall not apply to franchisees using antennas to provide cable television service within the Township, except that such antennas may not exceed 23 feet in height.
D.
A Lower Merion Township building permit must be obtained before an antenna is installed. The adequacy of the proposed anchoring must be certified by a registered professional engineer.
E.
In the event that usable signals cannot be received by locating the antenna on the rear or side yard of the property, such antenna may be roof-mounted, provided that a special accessory use permit is obtained prior to such installation and provided that it is screened from view from public thoroughfares. Such permit shall be issued notwithstanding the view from a public thoroughfare upon a showing by the applicant that usable satellite signals are not receivable from any location on the property other than the location selected by the applicant. No fee shall be assessed and no public hearing shall be required for the issuance of such permit.
§ 155-10.10 Wireless communication facilities.
[Amended 7-19-2023 by Ord. No. 4271]
A. ACCESSORY EQUIPMENT ANTENNA APPLICANT COLLOCATION EMERGENCY EQUIPMENT COMPOUND FCC MODIFICATION or MODIFY NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF) PERSON REPLACEMENT SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)(1) (2) (3) (4) (5) (6) STEALTH TECHNOLOGY TECHNICALLY FEASIBLE TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF) UTILITY POLE WIRELESS WIRELESS COMMUNICATIONS FACILITY (WCF) WIRELESS SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.
The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.
A condition that:
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.
Federal Communications Commission.
The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
Wireless communications facilities co-located on existing structures, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited-liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Township, or to any department or agency of the Township.
The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
A wireless communications facility that meets the following criteria:
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and
The facilities do not require antenna structure registration under 47 CFR Part 17; and
The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
Camouflaging methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
By virtue of engineering or spectrum usage, the proposed placement for a wireless communications facility or its design or site location can be implemented without a material reduction in the functionality of the wireless communications facility.
Any structure that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment.
A pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for collocation. The term includes the vertical support structure for traffic lights but does not include utility poles or horizontal structures to which signal lights or other traffic control devices are attached.
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a standalone basis or commingled with other wireless communications services.
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or commingled with other types of services).
B.
Purposes. The purpose of this section is to establish general guidelines for the siting of wireless communications facilities. The goals of this section are to:
(1)
Provide procedures and guidelines for the location, placement and construction of wireless communications facilities in the Township and for payment of fees and charges that are uniformly applied to all persons.
(2)
Provide clear performance standards and review requirements addressing the siting of wireless communications facilities.
(3)
Encourage the collocation of wireless communications facilities on existing structures, including water towers, buildings and other wireless communications facilities where technically feasible.
(4)
Ensure that wireless communications facilities will be safe and blend into their environment to the greatest extent possible.
(5)
Encourage collocation and site sharing of new and existing wireless communications facilities.
(6)
Encourage the use of public property and structures for wireless communications facilities to the greatest extent possible and provide for mechanisms to achieve fair and equitable rental for the use of such property in compliance with state and federal law.
(7)
Enhance the ability of providers of wireless communication services to provide such services to the Township quickly, effectively and efficiently.
(8)
Preserve the residential character of adjacent neighborhoods.
(9)
Comply with applicable state and federal laws and regulations, including but not limited to the Telecommunications Act of 1996 and subsequent orders of the Federal Communications Commission.
C.
Applicability.
(1)
Preexisting wireless communications facilities. Wireless communications facilities for which a permit has been issued prior to the effective date of this section shall not be required to meet the requirements of this section, except as provided in § 155-10.10I, Nonconforming wireless communications facilities.
(2)
Exclusion for amateur radio facilities. This section shall not govern the installation of any amateur radio facility that is owned or operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(3)
Relationship to other chapters. This section shall supersede all conflicting requirements of other chapters of this Code regarding the locating and permitting of wireless communications facilities.
D.
Regulations applicable to all wireless communications facilities outside the right-of-way.
(1)
All applications for installation of a wireless communications facility shall include a sworn affidavit from a radio frequency engineer that the placement of the wireless communications facility will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communication services enjoyed by adjacent residential and nonresidential properties in compliance with federal law.
(2)
The Telecommunications Act of 1996 gives the FCC sole power to regulate radio frequency (RF) emissions and does not allow the Township to condition or deny on the basis of RF impacts the approval of any wireless communications facilities which meet or exceed FCC standards. In order to make available information to Township citizens, the applicant shall provide to the Township copies of ongoing FCC information and RF emission standards for transmissions from a wireless communications facility. Applicants shall be required to submit information on the proposed power intensity of their wireless communications facilities. Applicants shall demonstrate that the proposed wireless communications facilities comply with all FCC standards relating to radio frequency emissions and shall supplement that information upon the request of the Township no less frequently than annually. Once installed, any technical change that could increase power or output of the wireless communications facility shall be immediately reported to the Township.
(3)
If applicable, all applications shall include a copy of the provider's current Federal Communications Commission license. The provider shall maintain with the Township the current name, address and emergency telephone number of the owner or operator of the support or wireless support structure on which the WCF is mounted.
(4)
Upon receipt of an application, the applicant shall mail notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers of every residentially zoned property on the same street within 500 feet of the site of the proposed facility and of every residentially zoned property not on the same street within 150 feet of the proposed facility and provide documentation to the Township that such notice has been provided.
(5)
Applicants proposing an eligible facilities request pursuant to 47 U.S.C. § 1455 shall be required only to obtain a building permit from the Director of Building and Planning. In order to be considered for such permit, the applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.
(6)
An application for a wireless communications facility requiring the installation of a new wireless support structure shall demonstrate that the proposed wireless communications facility cannot be accommodated on an existing building, structure or tower. The Township may deny an application to construct a new wireless support structure if the applicant has not made a good faith effort to mount the WCF on an existing building, structure or tower. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed, sought permission to install the proposed WCF on those structures, buildings, and towers and was denied for one of the following reasons:
(a)
The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
(c)
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(7)
Insurance.
(a)
Each person that owns or operates a tower-based WCF shall provide the Director of Building and Planning with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
(b)
Each person that owns or operates a non-tower WCF or small WCF shall provide the Director of Building and Planning with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the WCF.
(8)
The owner or operator of a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. The owner or operator of a WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(9)
All plans and drawings for a WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(10)
WCFs shall be permitted to co-locate upon nonconforming tower-based wireless communications facilities and other nonconforming structures. Collocation of WCFs upon existing tower-based wireless communications facilities is encouraged even if the WCF is nonconforming as to use within a zoning district.
(11)
All WCFs shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the Township.
(12)
All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure.
(13)
WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(14)
Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the Township.
E.
Wireless communications facilities outside right-of-way.
(1)
Small WCFs. A Small WCF may be erected outside of a ROW upon application to the Director of Building and Planning. The provider's application shall include:
(a)
The name, address and telephone number of the owner and lessee of the parcel of land upon which the small WCF is proposed to be situated. If the applicant is not the owner of the parcel of land or of the wireless support structure, the written authorization of the owner shall be evidenced in the application.
(b)
The legal description, parcel number, block and unit number and address of the parcel of land upon which the small WCF is to be situated.
(c)
A description and illustration of the stealth design, which shall be subject to the approval of the Communication Facilities Committee.
(d)
Documentation demonstrating compliance with the requirements of the Small WCF Design Manual;
(2)
Regulations applicable to tower-based WCFs.
(a)
Tower-based WCFs shall be permitted by special exception in VC, TC, RHR, BMV, CAD and LI Districts, except for land within 500 feet of a day care, preschool, primary and secondary school facility. In residence zoning districts, a tower-based WCF is permitted by special exception only if the property is owned by the Township of Lower Merion and used for municipal purposes or if the property is a cemetery use conducted on a lot of at least 10 acres in size.
(b)
For any proposed tower-based WCF, the special exception application shall be made to the Zoning Officer. The provider's application shall include:
[1]
A scaled plan and a scaled elevation view and other supporting drawings, calculations and documentation showing the location and dimensions of the wireless communications facility and all improvements associated therewith, including information concerning wireless support structure specifications, antenna locations, accessory equipment facility, landscaping, fencing and, if relevant, topography, adjacent uses and existing vegetation.
[2]
The name, address and telephone number of the owner and lessee of the parcel of land upon which the wireless communications facility is proposed to be located. If the applicant is not the owner of the parcel of land or of the wireless support structure, the written authorization of the owner shall be evidenced in the application.
[3]
The legal description, parcel number, block and unit number and address of the parcel of land upon which the wireless communications facility is to be situated.
[4]
A description and illustration of the stealth design, which shall be subject to the approval of the Communication Facilities Committee. In order to assist the Township in evaluating visual impact, the applicant shall submit with its application color photo simulations showing the proposed site of the wireless communications facility with a photo-realistic representation of the proposed wireless communications facility as it would appear viewed from the closest residential property, adjacent roadways and additional locations as necessary.
[5]
Written, technical evidence from an Engineer acceptable to the Fire Marshal and the Director of Building and Planning that the proposed wireless communications facility does not pose a risk of explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive or hazardous materials, such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals.
(c)
Height.
[1]
The maximum height of any tower-based WCF shall be 200 feet.
[2]
The applicant shall demonstrate that the tower-based WCF is the minimum height required to function satisfactorily within the applicant's network. No such WCF that is taller than this minimum height shall be approved, except to facilitate collocation.
[3]
The measurement of height for the purpose of determining compliance with these requirements shall be from grade and shall include the wireless support structure itself, the base pad and any facilities attached thereto.
(d)
Setbacks from base of WCF. The minimum distances between the base of a tower-based WCF, including any guy-wire anchors, and any property line or ROW line shall be the largest of the following:
[1]
In residence zoning districts, all tower-based WCFs shall be set back a minimum distance equal to the height of the tower-based WCF. If the wireless support structure is self-collapsing, the setback may be reduced to 50 feet, plus one foot for each additional foot in height above 100 feet, provided that it is placed within the setback envelope at a location which the Director of Building and Planning determines will make it least visible from a property or ROW line.
[2]
In VC, TC, RHR, BMV, CAD and LI Districts, all tower-based WCFs shall be set back a minimum distance of 25 feet, plus one foot for each additional foot in height above 100 feet. In no case shall the set back from a residential zoning district be less than that required if the property were zoned residential.
[3]
These setback provisions shall not apply to Township property.
[4]
Setback requirements may be modified by conditional use if the Board of Commissioners finds that placement of a tower-based WCF in a particular location will reduce its visual impact; for example, if adjacent to trees or a structure which may provide a visual screen.
(e)
Stealth design. Wireless communication facilities shall be of stealth design, as required by the Township, and must comply with the following standards relating to aesthetics, placement, materials and colors:
[1]
Tower-based WCFs shall be designed so as to blend in with the existing surroundings feasibly, including the use of compatible colors and disguised structures.
[2]
Accessory equipment shall, to the extent practicable, use materials, colors and textures that blend in with the natural setting and built environment.
(f)
Wireless support structure safety. The applicant shall demonstrate that the proposed wireless communication facility and wireless support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris or radio frequency interference. All wireless support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(g)
Fencing. A fence shall be required around the tower-based WCF and any accessory equipment. The fence shall be a maximum of eight feet in height and shall conform to the provisions of § 155-3.7, Fences and walls.
(h)
Landscaping. The applicant shall submit a planting plan with its application, preserving existing vegetation on and around the site to the greatest extent possible. The Township will utilize the guidelines of the Chapter 101, Natural Features Conservation prior to granting approval.
(i)
Support structures shall meet all Federal Aviation Administration (FAA) regulations. No support structure may be artificially lighted except when required by the FAA.
(j)
Surrounding environs. The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(k)
Accessory equipment.
[1]
Ground-mounted accessory equipment associated or connected with a tower-based WCF shall not be located within 50 feet of a lot with a residential use.
[2]
Accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements in Subsection E(2)(k)[1] above and the underlying zoning district, whichever is greater.
[3]
Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing antenna space on the tower-based WCF.
(l)
Additional antennas. As a condition of approval for all tower-based WCFs, the applicant shall provide the Zoning Hearing Board with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this § 155-10.10.
(3)
Regulations applicable to non-tower WCFs.
(a)
Non-tower WCFs shall be a permitted use in all zoning districts, except for land within 500 feet of a day care, preschool, primary and secondary school facility.
(b)
Prohibited on certain structures. Non-tower WCFs shall not be located on any single-family attached dwelling, single-family dwelling or townhomes.
(c)
Height.
[1]
Non-tower WCFs must be more than 35 feet above ground on all sides of the wireless support structure and are prohibited on all wireless support structure 35 feet or less in height.
[2]
The height from grade of the non-tower WCF may not exceed the height from grade of the wireless support structure by more than 20 feet.
[3]
If a non-tower WCF or its accessory equipment extend above the primary roof of any wireless support structure, they must be set back one foot from the edge of the primary roof for each one foot in height above the primary roof which the wireless communication facility extends unless the non-tower WCF is appropriately screened from view through the use of panels, walls or other screening techniques approved by the Zoning Officer. Setback requirements shall not apply to a wireless communication facility which is mounted on the exterior of a wireless support structure below the primary roof, and which does not protrude more than 18 inches from the side of such wireless support structure. In all cases, non-tower WCFs shall be designed and constructed so as to be minimally visible from ground level.
(d)
Stealth design. Wireless communication facilities shall be of stealth design, to the satisfaction of the Township, and must comply with the following standards relating to aesthetics, placement, materials and colors:
[1]
Non-tower WCFs shall be designed and maintained so as to blend in with the existing structure to the extent technically feasible, including placement in a location which is consistent with proper functioning of the wireless communication facility and use of compatible or neutral colors.
[2]
Non-tower WCFs shall be screened in a reasonable and achievable manner.
[3]
The Township shall have the right to impose additional stealth technology requirements if multiple non-tower WCFs are attached to a single structure. Such requirements may include increased setback from the edge of a structure, additional screening, or limitation of the number of non-tower WCFs permitted.
[4]
To the extent permitted by federal and state law, no more than three non-tower WCFs may be permitted on a single wireless support structure.
(e)
Fencing. A fence shall be required around any ground-mounted accessory equipment. The fence shall be a maximum of eight feet in height and shall conform to the provisions of § 155-3.7, Fences and walls.
(f)
Support structure safety. The applicant shall demonstrate that the proposed wireless communication facility and wireless support structure are safe and the surrounding areas will not be negatively affected by wireless support structure failure, falling ice or other debris or radio frequency interference.
(g)
Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(4)
Variance procedure.
(a)
Variance. If a variance is requested from the Zoning Hearing Board from any of the requirements of this section, in addition to the normal application requirements, the application for variance shall include the following:
[1]
A description of how the applicant's construction plan addresses any adverse impact which might occur as a result of approving the variance.
[2]
A description of off-site or on-site factors which mitigate any adverse impacts which might occur should the variance be granted.
[3]
A technical study which documents and supports the criteria submitted by the applicant upon which the request for variance is based. Such technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed variance and its relationship to the surrounding ROW and properties.
[4]
For a variance to the setback requirement, the application shall identify all property where the proposed tower could be located, attempts by the applicant to contact and negotiate an agreement for location or collocation and the result of such attempts.
F.
Payments to township.
(1)
The fees, charges and rental prescribed by the Board of Commissioners and which must be paid for the installation and maintenance of a wireless communications facility in the Township are set forth in the Telecommunications Fee Schedule contained in Chapter A167, Fees, hereof.
(2)
Application fee and escrow deposit.
(a)
The applicant shall pay the Township an application fee as described in the Telecommunications Fee Schedule at the time of filing the application.
(b)
An applicant seeking to install one or more wireless communications facilities outside the ROW shall also establish a single escrow deposit with the Township, as set forth in the Telecommunications Fee Schedule, out of which the Township will make payment of the fees and charges of those consultants and professional advisors as deemed necessary by the Township for the processing of the application. The applicant shall be requested to replenish the escrow if sufficient funds are not available to make such payments and shall make such additional payments within 10 business days of the request, in default of which the processing of any of applicant's applications shall be suspended. Failure to make such payment within 30 business days of the request shall result in all pending applications being rejected.
(c)
If requested, the Township shall supply the applicant with an itemized statement of the use of the escrow funds at the time any request for additional payment is made and at the time the escrow is closed out, at which time any balance in the account shall be returned.
(3)
Payments and charges applicable to wireless communications facilities on Township owned lands and wireless support structures not in ROW. The Township Manager or his/her designee is authorized to negotiate the terms of a lease agreement and the appropriate rental for the use of Township owned lands and wireless support structures. The availability of space on Township facilities shall be determined on a case-by-case basis and made available to providers on a first-come, first-served basis. No building permit for a wireless communications facility will be issued with respect to Township property until the lease agreement has been accepted by the Township.
(4)
Timing and place of payment. Unless otherwise agreed to in writing, all fees shall be paid with the submission of a permit application. Payments shall be delivered to the attention of the Director of the Building and Planning Department.
(5)
Taxes and assessments. To the extent taxes or other assessments are imposed by taxing authorities on the use of Township property as a result of an applicant's use or occupation of the ROW or of Township owned or leased property, the applicant shall be responsible for payment of such taxes, payable annually unless otherwise required by the taxing authority. No rental payment shall constitute a payment in lieu of any tax, fee or other assessment, except as specifically provided in this section or as required by applicable law.
(6)
Interest on late payments. In the event that any fee is not actually received by the Township on or before the applicable date fixed in the use agreement, interest thereon shall accrue from such date until received at 15% per annum.
G.
Maintenance.
(1)
Wireless communications facility providers shall at all times employ ordinary and reasonable care and install and maintain in use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(2)
Wireless communications facility providers shall install and maintain wireless communications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Code, the industry standard applicable to the structure, and all federal, state and local regulations and in such manner that will not interfere with the use of other property.
(3)
Wireless communications facilities shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the life or property of any person.
(4)
Noise. Wireless communications facilities shall be operated and maintained so as not to produce noise in excess of the applicable noise standards under state law or the Township code, except in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis.
(5)
In the event that the use of a wireless communications facility is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. If such wireless communications facility is not removed within 90 days of such notice, the Township may remove it at the owner's expense.
(6)
Inspections. The Township and/or its agents shall have authority to enter onto the property upon which a wireless communications facility is located at any time, upon reasonable notice to the provider (which notice shall provide an opportunity for the provider's supervision of such entry), for any purposes associated with the permitted use of the property, including, but not limited to, the purpose of determining whether the wireless communications facility complies with this section, Chapter 62, Building Construction, of the Lower Merion Township Code and all other construction standards provided by the Township's code and federal and state law.
H.
Decision on application.
(1)
Eligible facilities requests.
(a)
Within 10 calendar days of receipt of an application for an eligible facilities request pursuant to 47 U.S.C. § 1455, the Director of Building and Planning shall notify the applicant in writing of any information that may be required to complete such application.
(b)
Within 60 days of receipt of an application, and subject to applicable tolling procedures, for an eligible facilities request pursuant to 47 U.S.C. § 1455, the Director of Building and Planning shall issue the required building and zoning permits authorizing construction of the WCF. All applications for such WCF shall designate that the proposed WCF meets the requirements of an eligible facilities request.
(2)
Small wireless communications facilities.
(a)
Within 10 business days of the date that an application for a small WCF is filed with the Director of Building and Planning, the Director of Building and Planning shall notify the applicant in writing of any information that may be required to complete such application.
(b)
Within 60 days of receipt of an application for collocation of a small WCF on a preexisting wireless support structure, unless extended by the applicant and subject to applicable tolling procedures, the Director of Building and Planning shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
(c)
Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, unless extended by the applicant and subject to applicable tolling procedures, the Director of Building and Planning shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
(3)
Non-tower wireless communications facilities.
(a)
Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Director of Building and Planning, and subject to applicable tolling procedures, the Director of Building and Planning shall notify the applicant in writing of any information that may be required to complete such application.
(b)
Within 90 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that substantially changes the wireless support structure to which it is attached, unless extended by the applicant, and subject to applicable tolling procedures, the Director of Building and Planning shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
(4)
Tower-based wireless communications facilities.
(a)
Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Zoning Officer, the Zoning Officer shall notify the applicant in writing of any information that may be required to complete such application.
(b)
Within 150 days of receipt of a complete application for a tower-based WCF, unless extended by the applicant and subject to applicable tolling procedures, the Zoning Hearing Board shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
(5)
A decision to deny the application shall be preliminary and shall become final only after the applicant has received the preliminary decision and has been given 10 days within which to request a hearing before the Building and Planning Committee of the Board of Commissioners. If such a hearing is not requested, the decision shall become final at the end of the ten-day period. If a hearing is requested, a written record shall be made, and the Building and Planning Committee shall render a final, written decision supported by substantial evidence contained in the written record within 45 days of the close of the hearing.
(6)
The Township reserves the right to deny any application on its merits and also where any one of the following conditions exist:
(a)
The applicant is not licensed by the Federal Communications Commission as a provider or is not authorized to conduct business in the Commonwealth of Pennsylvania; or
(b)
The applicant is presently not in full compliance with the requirements of this section; or
(c)
The applicant is in default of its obligation to pay to the Township fees imposed by this section.
(7)
The placement of any wireless communications facility in an historic district or on a historic building, must receive a certificate of appropriateness from the Board of Commissioners.
I.
Nonconforming wireless communications facilities. Wireless communications facilities in existence on the date of the adoption of this section, which do not comply with the requirements of this section (nonconforming wireless communications facilities), are subject to the following provisions:
(1)
Additional wireless communications facilities (belonging to the same or another provider) may be added to a nonconforming wireless communications facility in conformance with the application procedures set forth in this section.
(2)
Nonconforming wireless communications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired or restored at their former location, but must otherwise comply with the Township Code.
(3)
A provider may replace, repair, rebuild and/or expand its wireless communications facility in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities or to upgrade the facility to current engineering, technological or communication standards without having to conform to the provisions of this section, so long as such facilities are not increased in height by more than 10% and/or setbacks are not decreased by more than 10%.
§ 155-10.11 Vehicle lifts.
A vehicle lift shall only be permitted as an accessory use on property otherwise lawfully used as a motor vehicle sales agency and solely for the purpose of vehicle display or storage. Vehicle lifts shall only be operated by an employee of the sales agency displaying the motor vehicle. Vehicle lifts shall also be subject to the following regulations:
A.
The minimum setback from any street line shall be 100 feet.
B.
The minimum setback from any property line abutting a residentially zoned property used for residential purposes shall be 20 feet.
C.
A row of trees designed to screen the lift and any supported vehicle shall be installed between the lift and the street.
D.
A row of trees designed to screen the lift and any supported vehicle from adjacent properties shall be installed between the lift and adjacent properties.
E.
The lift may not be raised to a height in excess of 10 feet above grade.
F.
The storage space provided on or under a vehicle lift shall not be counted as a parking space required under this chapter.
G.
The area underneath a vehicle lift shall be considered building area for purposes of compliance with building area limitations under this chapter.
§ 155-10.12 Nonconformities.
A.
Statement of intent. It is the intent of this section to provide for the continuance of lawful existing uses, structures, lots, and signs which would be prohibited or restricted under the terms of this Zoning Code, as adopted, and to subject such uses, structures, lots and signs to reasonable regulations and restrictions for the protection of the public health, safety and welfare.
B.
Nonconforming uses: continuance, discontinuance, and changes.
(1)
Continuance. The lawful use of a building or land existing on the adoption date of this chapter or any amendment thereto may be continued although such use does not conform to the provisions of this chapter.
(2)
Unlawful use. If a lawful nonconforming use of land or of a building ceases for any period of time and if a use is made thereof which is unlawful under the terms and conditions of this chapter, the prior nonconforming use may not thereafter be continued, and subsequent use of such land or building shall be in conformity with the provisions of this chapter.
(3)
Discontinuance. If a nonconforming use of land or of a building ceases or is discontinued for a continuous period of six months or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
(5)
Restoration of a building occupied by a nonconforming nonresidential use. The nonconforming nonresidential use in a building which has been damaged or destroyed by purpose, neglect or accidental cause may not be continued or transferred to any reconstructed portion of the building unless such damage or destruction occurred to an extent of not more than 75% of the habitable floor area, and:
(a)
The restored building does not exceed in height, area or volume the building damaged or destroyed; and
(b)
Reconstruction is commenced within one year from the date the building was damaged or destroyed, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit, and reconstruction shall be carried on without interruption.
(6)
Restoration. The nonconforming residential use in a building which has been damaged or destroyed by accidental cause may be reconstructed to the same footprint and use as existed prior to the accidental incident, subject to the following;
(a)
The reconstructed building does not exceed in height, area or volume the building damaged or destroyed; and
(b)
Building reconstruction is commenced within one year from the date the building was damaged or destroyed, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit, and reconstruction shall be carried on without interruption.
(7)
Maintenance. Nothing in this section shall prevent the strengthening or restoration to a safe condition of any walls, floor, foundation, or roof of a building occupied by a nonconforming use which building has been declared unsafe by the Township Building Code Official.
(8)
Extension or expansion. A building occupied by a nonconforming use and the nonconforming use within a building or on a lot as it existed in size and scope on the date it first became nonconforming may be expanded or extended, subject to the following:
(a)
Expansion within a building. A nonconforming use within an existing building may be expanded within the building, provided that the expansion does not exceed 25% of the building area devoted to the use on the date the use became nonconforming. The term "area devoted to the use" shall include the total floor area within the building devoted to the nonconforming use. This right of expansion shall be applied separately to each building on the lot.
(b)
Expansion of an existing building. A building occupied by a nonconforming use may be expanded and occupied by that nonconforming use, provided that the expansion does not exceed 25% of the floor area devoted to the use on the date it first became nonconforming.
(c)
Expansion to the exterior of a lot. If the exterior of a lot is used for a nonconforming use, the exterior lot area devoted to the nonconforming use may be expanded by no more than 10% of the area devoted to the use on the date it first became nonconforming.
(d)
Any extension or expansion of a nonconforming use shall conform to the requirements of this chapter.
C.
Dimensionally nonconforming buildings or structures. Buildings or structures that are nonconforming to the dimensional requirements in this chapter related to height, yard, setback, buffer, or floor and building area, shall be subject to the following:
(1)
Continuation. An existing dimensionally nonconforming building or structure lawfully constructed on the effective date of this chapter or any amendment thereto by which it became nonconforming, or authorized by a building permit issued prior thereto, may be continued.
(2)
Restoration.
(a)
A nonconforming nonresidential building or structure which has been damaged or destroyed by purpose, neglect or accidental cause to an extent of not more than 75% of the floor area may be restored, provided that reconstruction shall be commenced within one year from the date the building or structure was damaged or destroyed, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit, and reconstruction shall be carried on without interruption. Otherwise it may not be restored.
(b)
A nonconforming residential building, accessory building or accessory structure which has been damaged or destroyed by purpose or neglect may not be restored. However, if destroyed by accidental cause, it may be reconstructed to the same footprint as existed prior to the accidental incident, provided that the building does not exceed in height, area or volume the building damaged or destroyed. Building reconstruction must be commenced within one year from the date the building was damaged or destroyed, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit, and reconstruction shall be carried on without interruption. Otherwise it may not be restored.
[Amended 1-18-2023 by Ord. No. 4258]
(3)
Extension or expansion. A building that is nonconforming to the setback requirements in this chapter may be expanded or extended horizontally subject to the following limitations:
(a)
The extension shall maintain any nonconforming setback and shall not extend closer to the street line or property line than the existing nonconforming building.
(b)
The maximum height of any single-story extension in the required setback shall not exceed 16 feet above ground level unless the extension is a minimum of 10 feet from the property line.
(c)
If the extension is a minimum 10 feet from the property line, a second story shall be permitted to a maximum building height of 30 feet.
(e)
The maximum length of the extension in the required setback shall be 20 feet.
(f)
The maximum floor area of the extension permitted in a required setback is 400 square feet per floor.
(g)
No portion of the extension may project into any other required setback.
D.
Lots nonconforming as to area and width regulations
(1)
No structure may be erected on any dimensionally nonconforming lot unless it was held on the date it became nonconforming in single and separate ownership and provided that all other requirements of the district in which the lot is situated are complied with.
(2)
Where structures having less than the required front yard exist on a majority of nonconforming lots of record that share common side property lines, the required front yard on each nonconforming lot, whether or not improved, shall be reduced to the average front yard of all such structures in the same block and on the same side of the street.
E.
Identification and registration of nonconforming uses and nonconforming buildings or structures. The Zoning Officer shall, upon request, identify and register nonconforming uses and nonconforming buildings or structures.
F.
Nonconforming site improvements.
(1)
Where nonconforming site improvements not including buildings exist, such as walls, off-street parking, or similar site improvements, such nonconformities may continue, and the nonconforming site condition may be altered only as provided below.
(a)
No change shall be made in any nonconforming site improvement which increases the nonconformity.
(b)
Where existing off-street parking facilities are nonconforming to the requirements of this Code or any other Township standards, the restoration or rehabilitation of an existing building is permitted but shall not increase the degree of the existing parking nonconformity.
(2)
Nonconforming impervious coverage. A lot or lots nonconforming to the impervious coverage provisions in this chapter shall be subject to the following:
(a)
Nonconforming impervious coverage levels may not be increased, unless otherwise permitted by the Zoning Code.
(b)
When more than 75% of the impervious coverage is removed, the lot or lots shall conform to the underlying impervious coverage provisions. This requirement does not apply to existing parking lots that are only being restriped or resurfaced.
(c)
When a lot or lots are being developed and 75% or less of the impervious surface is removed, the lot or lots shall be subject to a building coverage limit that is no greater than 80% of the maximum impervious coverage permitted in the underlying zoning district.
(3)
Nonconforming fences. A fence nonconforming to the fence provisions in this chapter shall be subject to the following:
(a)
Nonconforming fences may only be replaced with conforming fences.
[Amended 7-21-2021 by Ord. No. 4221]
[1]
Nonconforming solid fences over 36 inches along primary frontages shall be permitted to remain, provided that they are required for meeting building code safety requirements as determined by the Director of Building and Planning.
[2]
When any portion of a nonconforming fence is replaced where a gate or gates are required for maintenance, the gate or gates shall be installed to bring the fence into conformity.
[3]
When any section of a nonconforming fence which has the nonfinished side facing towards a street or neighbor is replaced, the replaced fence section is required to have the supporting members and posts be on the inside of the fence and the smooth or flat/finish faces on the outside. If both sides of the fence are finish sides with support posts screened, each face shall be of the same type and finish.
(b)
When a nonconforming fence is damaged, destroyed, or removed for any reason, no more than 25% of the fence may be replaced in the same nonconforming fashion. This provision can only be applied one time.
[Amended 12-2-2020 by Ord. No. 4202]
G.
Nonconforming signs and signs on nonconforming use premises. Refer to § 155-9.7, Nonconforming signs; signs on nonconforming use premises.
H.
Nonconforming wireless telecommunications. Refer to § 140-12, Nonconforming wireless telecommunication facilities.
§ 155-10.13 Moderate-income housing.
The total number of residential units and/or the amount of commercial space may be increased when an application provides on-site housing opportunities for a mix of household incomes, including both market-rate housing and housing that is affordable to moderate-income households, and provided that such units shall be so maintained by a covenant running with the land. Price and income guidelines for moderate-income households shall be as defined by the Pennsylvania Housing Finance Agency (PHFA) Keystone Home Loan Program income guidelines in effect at time of application. Developers and subsequent transferees of moderate-income units shall provide documentation showing compliance with these family incomes and rental/purchase price limits. The amount of the density increase shall be noted on the plan and recorded in the deed.
§ 155-10.14 Federal firearms licensee (FFL).
[Added 4-19-2023 by Ord. No. 4267]
A.
Statement of legislative findings and intent. FFLs present unique zoning challenges for a multitude of reasons, including but not limited to the dichotomy of firearms being both constitutionally and statutorily protected while also being classified by Pennsylvania's penal code as dangerous weapons (e.g., 18 Pa.C.S.A. § 913). Firearms, ammunitions, and explosive devices, which are all the products or wares of FFLs, are also the target of thefts and straw purchases, and used as the instrumentality of crimes. Consequently, the business of manufacturing, selling or dealing, shipping, receiving, or importing firearms, ammunition, and/or destructive devices is always incompatible with the residential use of properties and surrounding residential areas, as well as pedestrian-oriented retail districts, as identified in the Township's Comprehensive Plan. This type of business, however, may be compatible with other zoning districts if certain standards are met which will harmonize this particular use with the uses permitted within those other districts. In creating these standards, the Board of Commissioners looked to:
(1)
Current federal and state regulations related to firearms, ammunitions, and explosive devices;
(2)
Industry-specific recommended best practices for FFLs; and
(3)
Standards applied at the federal, state, and local levels, including but not limited to zoning regulations, to other uses, such as pharmaceutical providers and banks, which are analogous to FFLs because they involve the transacting of other similarly challenging commodities.
B.
Prohibited as a home occupation. No FFL shall operate as a home occupation.
C.
Conditional use standards.
(1)
No FFL shall be permitted to operate in or on the grounds of, or within 1,000 feet of the grounds of, a public, parochial or private school, unless the FFL can demonstrate compliance with 18 U.S.C. § 922(q), as amended.
(2)
An FFL shall produce and keep on file with the Township a current copy of the applicable license or licenses issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as any other required state, county, municipal, or administrative licenses or registrations, including but not limited to any required by the Pennsylvania State Police.
(3)
An FFL shall identify any fictious name under which the FFL will operate, the street and mailing address for the business, and the business's reasonable hours of operation.
(4)
For any doors and windows which are directly accessible from any public space, such as a street, alley or sidewalk, or from any common area, such as a lobby or shared hallway, an FFL shall install and maintain smash-resistant doors and windows.
(5)
An FFL shall install and maintain a general alarm system which provides glass protection, interior motion sensors, door and access panel contact monitoring, and a panic button.
(6)
An FFL shall install and maintain an internal video surveillance system.
(7)
An FFL shall provide and maintain an operational safety plan demonstrating compliance with all applicable laws and regulations prohibiting the sale of firearms, ammunition, or destructive devices to certain individuals, including but not limited to those restrictions contained in 18 U.S.C. § 922(b), as amended.
(8)
An FFL shall provide and maintain an operational safety plan demonstrating compliance with all applicable laws and regulations prohibiting the selling, transferring, or otherwise disposing of a firearm without conducting a National Instant Criminal Background Check System (NICS) background check for every transfer of a firearm to a nonlicensee unless the transferee qualifies for one of the exceptions listed in 18 U.S.C. § 922(t), as amended.
(9)
An FFL shall provide and maintain an operational safety plan demonstrating compliance with all applicable laws and regulations prohibiting the selling, transferring, or otherwise disposing of a firearm to a person who is not the actual buyer or transferee of the subject firearm; is otherwise prohibited by law from receiving or possessing firearms or ammunition; and/or is not a lawful resident of Pennsylvania.
(10)
An FFL shall provide and maintain an operational safety plan to ensure that all required firearms transaction records required by federal and state law are completed for every transfer of a firearm to a nonlicensee.
(11)
An FFL shall provide and maintain an operational safety plan to ensure that each missing, lost, or stolen firearm from the FFL's inventory or collection is reported to the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives within 48 hours of discovery of the loss or theft.
(12)
An FFL shall provide and maintain an operational safety plan to ensure compliance with all applicable laws and regulations related to record retention, including but not limited to 27 CFR 478.129, as amended.
§ 155-10.15 Low-income multifamily housing (LIMH).
[Added 11-29-2023 by Ord. No. 4283]
A.
The occupancy of LIMH residential units is limited to only low-income households having an income no greater than 60% of the current area median income as defined by the United States Department of Housing and Urban Development. A covenant running with the land must be recorded limiting use of the property to such low-income households. The provider and any subsequent transferee of LIMH residential units on a property must be a single, nonprofit corporation whose purpose is limited to providing affordable housing to low-income households. Providers are required upon request by the Township to provide documentation showing compliance with family income and rental price limits.
B.
Within the MDR2 District, if an LIMH use is expanded onto an adjacent property under common ownership:
(1)
The building on the adjacent property:
(a)
Cannot exceed the height of the tallest building on the other property; and
(b)
Will be exempt from:
[2]
The provisions of § 155-3.5D(2) requiring particular frontage yard types;
(2)
Required parking will be measured by the sum of the parking on each property.
(3)
Any new structure on the adjacent property must be designed in a campus plan to reflect and facilitate common usage with building(s) on the other property.