Marple Township City Zoning Code
ARTICLE XIII
Accessory Uses
§ 300-106 Accessory uses to residential principal uses.
Uses accessory to dwellings include but are not limited to the following:
A.
Private garage, carport, driveway, parking space.
C.
Open space.
D.
Subject to the development standards of Chapter 300, Attachment 2, a private greenhouse or a shed for the storage of noncommercial materials may be erected as an accessory use in the rear yard of a residence in the following districts: R-A, R-B, R-C, R-1, R-1-A, R-2, R-3, and R-4. The owner must also conform with all impervious surface regulations.
[Amended 8-11-2008 by Ord. No. 2008-8]
E.
Shelter for pets.
J.
Heating, ventilating, air-conditioning apparatus.
K.
A deck may be erected in the rear yard of a residence, provided the deck does not extend into the rear yard more than 1/2 of the minimum rear yard setback.
[Added 7-14-2003 by Ord. No. 2003-13]
§ 300-107 Accessory uses to nonresidential principal uses.
§ 300-108 Spacing for accessory buildings.
Accessory buildings on a lot shall be located not less than 10 feet from each other and from principal structures.
§ 300-109 Private swimming pools.
A.
Location. Swimming pools shall be located within the building envelope of a lot. No private swimming pool shall be located in the front yard that falls between the street and the foremost portion of a principal use building.
B.
Fencing. The entire pool area must be enclosed with a chain link or equal fence or barrier, not less than four feet high. Such fencing may be either near or adjacent to the pool or at such other place on the owner's premises as to constitute an adequate barrier against entrance onto the owner's land or into said pool.
§ 300-110 Antennas.
A.
Applicability and scope. This section identifies regulations applicable in every district of the Township for the installation and screening of antennas, including satellite, cellular, paging, personal communication and other wireless communication technologies.
B.
General district location criteria for nonaccessory wireless communications facilities.
[Amended 5-10-1999 by Ord. No. 99-4]
(1)
Any wireless communication facility with or without a support structure qualifying as a nonaccessory use shall be a permitted use as of right within the I Light Industrial Zoning District and at any and/or all municipal/governmental facilities located within the Township. Wireless communication facilities located on any municipal/government facility shall conform to the same setback and other requirements as if the municipal/government facility was located in the I Light Industrial Zone.
[Amended 7-14-2008 by Ord. No. 2008-6]
(2)
Any wireless communications facility with or without a support structure qualifying as a nonaccessory use shall be permitted as a conditional use within the Commercial Zoning Districts outlined in Article IV of this chapter, the INS Institutional, OS Open Space and C Cemetery Zoning Districts, with the following exception:
(a)
No wireless communications facility shall be located on any public or private school property, including but not limited to day-care, preschool, elementary and secondary school facilities and where students are regularly on the premises.
(3)
Micro facilities shall be permitted as a conditional use only within the rights-of-way of the Commercial Zoning Districts outlined in Article IV of this chapter.
(4)
High power microwave communications antennas shall not be permitted within Marple Township.
C.
General standards applicable to all wireless and attached communication facilities.
[Amended 5-10-1999 by Ord. No. 99-4]
(1)
Antennas shall be located so as to minimize visual effects on adjacent and neighboring properties, public rights-of-way and parks and public open space.
(2)
Antennas shall be placed where existing topography, vegetation, buildings or other structures provide the greatest amount of visual screening, particularly when visible from properties used for residential purposes.
(3)
The wireless communication facility with support structure shall be the minimum height required to provide reasonable service within the applicant's grid. No facility that is taller than this minimum height shall be approved, except to facilitate collocation.
(4)
Antennas shall be attached to existing tall structures such as communications towers, smokestacks, buildings and similar structures when these are available for a proper installation. The applicant shall indicate the options studied and the reasons for their rejection.
(5)
The antenna support structure shall be designed with the capability of collocating two additional users when doing so will not cause an adverse impact to the health, safety and welfare of the surrounding properties. When collocating is desirable, applicants shall agree that space on the proposed support structure will be made available to other operators and the conditions governing this collocating will be reasonable.
(6)
Antennas must be in compliance with all applicable Federal Communications Commission regulations and all other applicable regulations.
(7)
Roof-mounted antennas shall be placed so as to be least visible from properties being used for residential purposes.
(8)
The wireless communication facility shall be secure from unauthorized access and shall not pose climbing or electrocution hazards.
(9)
Signs shall be limited to ownership, hazard and emergency contact and in accordance with applicable OSHA requirements. Unless indicated otherwise by OSHA regulations, signs shall be limited a maximum of three square feet in area.
(10)
Suitable locations shall not be rejected without due cause. These can include but not be limited to:
(a)
The attachment structure in question requires strengthening and this will add more than 50% to the total installed cost.
(b)
The attachment structure in question does not have adequate space, access or height or is in an improper location to accommodate the proposed equipment or to allow it to perform its intended function.
(c)
The installation in question will result in radio frequency interference with other existing equipment and corrective actions will increase the installed cost by more than 50%.
(d)
The location in question will produce electromagnetic radiation that is above FCC standards for human exposure in close proximity to the antenna and where people have normal access and corrective actions will increase the installed cost by more than 50%.
(e)
A commercially reasonable agreement could not be reached with the owners of the structures or property in question.
(11)
The technology selected shall enable the lowest possible level with regard to emitted radiation to be utilized. The antenna array shall be designed and installed so that the radiation is directed to minimize impinging directly on residential properties, nonadult schools and playgrounds within four times the array height distance from the antenna. The applicant shall calculate power densities for all occupied parts of these kinds of nearby locations. These shall be compared with the main radiation pattern in order to show how directionally effective the design is and how the impact values compare with the maximum values allowed by the FCC regulations. If more than one provider exists or will exist at the location or a nearby location, the impact values shall be the sum for all providers operated at their maximum permitted power output level.
(12)
Antenna installations should be minimally intrusive on nearby residential properties.
D.
Wireless communication facilities within the right-of-way.
(1)
Uses permitted. Micro facilities are the only type of wireless communication facilities permitted in a right-of-way.
(2)
Support structure. The antenna array must be mounted on a monopole support structure, such as a utility pole, in compliance with construction standards approved by the Township Engineer. The support structure shall be of essentially the same appearance as the existing support structures and must be located in proximity to other similar support structures within the right-of-way. The new support structure should not exceed 60 feet.
(3)
Right-of-way use agreement. Every provider who desires to construct, install or maintain wireless communication facilities in the right-of-way must enter into a right-of-way use agreement with the appropriate municipal entity owning the right-of-way. This is a prerequisite to the issuance of right-of-way use permits.
(4)
Right-of-way use permit required. Every provider who constructs, installs or maintains a wireless communication facility in the right-of-way must obtain a right-of-way use permit for each such facility by making application to the Department of Code Enforcement for each location and paying a fee therefor as set forth from time to time by resolution of the Board of Commissioners. A single application may request permits for multiple sites along a single corridor.
(a)
Nature of grant. A use permit shall not convey title, equitable or legal, in the right-of-way. A use permit grants the right to occupy right-of-way in the Township and may also grant the right to erect a new support structure.
(b)
Support structure attachment agreement. If the antenna array is to be erected on a third party's support structure, the consent of the third party must be attached to the application. If the antenna array is to be erected on a Township support structure, the application shall include a request thereof. If granted, the provider must enter into a support structure attachment agreement with the Township and pay an annual fee for the use of the Township's facilities.
(c)
Transfer of permit. Use permits may be transferred upon notification to the Township and acceptance by the transferee, but only to a provider who is a party to a current right-of-way use agreement with the owning entity.
(d)
Term of use permits. Use permits shall have a one-year term, automatically renewable, subject to then-current code provisions and the payment of an annual user fee to the Township.
(e)
Location. The Township shall refuse to issue a use permit if the proposed location of the wireless communication facility interferes with the use of the right-of-way by others or is contrary to public safety. The Township shall require a permitted wireless communication facility to be relocated at the permittee's expense if necessary to accommodate the location or relocation of the right-of-way facilities of the Township or a public utility or to protect the public safety.
(5)
Equipment facility. In the event that any equipment facility of an outside volume exceeding eight cubic feet is installed in the right-of-way, such equipment facility must be installed so that the roof or lid is either below or is flush with local ground-level grade. All such equipment facilities shall be shown in the application. The Board of Commissioners may grant a waiver to this requirement, on a case-by-case basis, upon the applicant's showing of need, provided that the facility does not constitute an obstruction in the right-of-way which would endanger public safety.
(a)
Equipment cabinets of any size on a support base located outside of the right-of-way used in conjunction with a wireless communications facility within the right-of-way will not be considered a separate use of the property upon which they are located, except in a residentially zoned district.
E.
Nonaccessory wireless communications facilities outside right-of-way.
[Amended 5-10-1999 by Ord. No. 99-4]
(1)
Height.
(a)
Attached wireless communication facilities.
[1]
All antenna array elements shall be at least 35 feet above grade as measured from the bottom of any element to grade. Attachment structures must be at a minimum of 35 feet above grade on all sides of the structure. These minimum height requirements will waved if the contra-wound toroidal helical antenna technology or similar technology receives FCC approval for a lesser mounting height.
[2]
The height of the antenna array may not exceed the height of the attachment structure by more than 25 feet.
[3]
If a wireless communication facility or its appurtenances extend above the primary roof of any attachment 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 extend unless the facility is appropriately screened from view through the use of panels, walls or other screening techniques approved by the Township.
[4]
Setback requirements shall not apply to a wireless communication facility which is mounted on the exterior of an attachment structure below the primary roof and which does not protrude more than 18 inches from the side of such attachment structure.
(b)
Wireless communication facilities with support structure.
(2)
Setbacks from base of support structure. If a new support structure is constructed (as opposed to mounting the wireless communication facility on an existing support structure), the minimum distances between the base of the support structure or any guy-wire anchors and any property line or right-of-way line shall be the largest of the following:
(a)
The minimum setback from Residential and Institutional Zoning Districts shall be the greater of 200% of the maximum height above adjacent grade of the uppermost part of the antenna-support structure installation.
(b)
In Commercial and Institutional Zoning Districts, all wireless communication facilities with support structure shall be set back a minimum distance of one foot for each foot in height from adjacent properties that are in the same or like Commercial or Institutional Zoning Districts.
(c)
In Industrial Zoning Districts, all wireless communication facilities with support structure shall be set back a minimum distance of 25 feet, plus one foot for each additional foot in height above 100 feet from adjacent properties in the same Industrial Zoned District. In no case shall the minimum setback from adjacent Commercial, Institutional or Residential Zoning Districts be less than that required if the property were zoned the same as the adjacent district.
(d)
The setback requirements for any and all municipal/governmental facilities located within the Township, no matter what district such facility is located in, shall be the same setback requirements as if the municipal/government facility was located in the I Light Industrial Zone.
[Added 7-14-2008 by Ord. No. 2008-6]
(3)
Stealth design. Wireless communication facilities shall be of a stealth design and must comply with the following standards relating to aesthetics, placement, materials and colors:
(a)
The antenna array shall be as small as possible to serve the desired functioning.
(b)
Consideration shall be given to the use of multiple shorter, less visible support structures when a single tall support structure is the alternative and there is a significant impact on nearby residential and commercial zoned properties.
(c)
Attached wireless communication facilities shall be designed and maintained so as to blend in with the existing structure to the maximum extent possible. Consideration shall be given to the use of color and installation location.
(d)
The design shall include a screening plan that serves to minimize the visual impact of the wireless communication facilities.
(e)
Wireless communication facilities with support structure shall be designed so as to blend in with the existing surroundings. This shall include the use of a less visible support structure design, compatible colors and disguised structures.
(4)
Specific regulations for all nonaccessory ground-mounted antennas.
(a)
Wireless communication facilities shall not be placed within the required setback of the property.
(b)
Fencing shall be required around all wireless communication facility with a support structure and other equipment unless the wireless communication facility is mounted on an attachment structure. The fencing shall comply with § 300-111 of this chapter.
(c)
The applicant shall submit a landscaping plan with its application. The plan shall indicate the retention of existing vegetation on and around the site to the greatest extent possible. New landscaping shall be installed to supplement the existing vegetation and to create a natural buffer between the facility and adjoining tracts or uses.
(d)
Structures shall be artificially lighted only when Federal Aviation Administration (FAA) or OSHA regulations require it.
(e)
All guy wires associated with guyed support structures shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
F.
Operation and maintenance.
[Amended 5-10-1999 by Ord. No. 99-4]
(1)
Wireless communication facility owners shall operate and maintain their facilities using the best available procedures, materials and equipment for preventing failures and accidents that have the potential to cause damage, injury or a nuisance to the public.
(2)
Repairs to a facility should not result in the installation of lesser quality materials and equipment or degrade the operating specifications of the facility.
(3)
The permit holder shall maintain a bond that will cover the cost of removal in the event of abandonment by the applicant or any successor entity. The value of the bond shall increase by 5% each year in order to account for the normal inflation rate.
(4)
The permit holder shall maintain general liability coverage starting in a minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the wireless communication facility and its support structure. This insurance must be kept continually in force and increased by 5% per year to cover inflation with evidence of same being given to the Township as long as the facility exists. The Township reserves the rights to require larger initial coverage amounts in cases where it is appropriate.
(5)
The permit holder shall not make physical changes to the wireless communication facility or change how it is to be operated without prior permission from the Township. Maintenance in kind replacements are exempt from this requirement.
(6)
The wireless communication facility owner shall have the structural integrity of the antenna, supports, base, etc inspected annually by an independent licensed engineer. A copy of the engineer's report shall be directed to the Township Code Enforcement Officer. When corrective actions are necessary, a description of the necessary actions and an implementation schedule shall be included.
(7)
The operator shall establish a procedure for verifying to the Township that its facility is operating in accordance with all applicable FCC, OSHA and Township regulations. This verification procedure shall be approved by the Township and include a minimum of one report per year on the operation of the facility. The report shall also include copies of all inspection reports on the facility, all documents submitted to or received from any state or local regulatory agency as well as any complaints directly received by the user(s).
G.
Accessory attached communications facilities. Accessory use antennas shall be exempt from the permitting requirements under § 300-110I(3) and allowed in all districts if the combined height of the antenna and support is less than 12 feet. A building permit will be required if the combined height of the antenna and support exceeds 12 feet.
[Amended 5-10-1999 by Ord. No. 99-4]
(1)
Antennas that qualify are as follows:
(a)
One standard UHF/VHF television and one standard FM/AM radio antenna per property designed for receiving ground-based broadcast signals, provided that the installation is in accordance with this subsection.
(b)
One dish-type antenna that is no larger than 39 inches in diameter that is installed in accordance with this subsection.
(c)
One ground-mounted television satellite dish antenna per property no larger than 72 inches in diameter that is installed in accordance with this subsection.
(d)
One antenna designed to send and receive amateur radio band or citizen band or mobile radio band signals.
(2)
Specific installation requirements are as follows:
(a)
UHF/VHF and FM/AM antennas.
[1]
If roof-or-building or ground-mounted, it shall be within the building envelope of the property.
[2]
If building mounted, it should be located on the rear elevation of the building or on the rearward 1/2 of a side elevation and extending out no more than 12 inches from the building.
[3]
The antenna shall be no higher than needed to receive adequate reception of localized signals and in no case be higher than 12 feet above the roofline of the principal use structure on the property or no more than 35 feet above grade, whichever is less.
[4]
The antenna shall be finished with a color that blends with the surroundings.
[5]
If ground mounted, it shall be screened from public rights-of-way and neighboring properties by trees, shrubs and/or fences.
(b)
Dish-type of antenna.
[1]
If roof or building mounted or ground mounted, it shall be within the building envelope of the property.
[2]
If building mounted, it shall be located on the rear elevation of the building or on the rearward 1/2 of a side elevation and extending out no more than 30 inches from the building.
[3]
It shall be no higher than four feet above the roof building line of the principal use structure on the property if roof or building mounted or six feet above the natural contour or level of the ground if ground mounted.
[4]
It shall be finished with a color that blends with the surroundings.
[5]
If ground mounted, screened from public rights-of-way and neighboring properties by trees shrubs and/or fences.
(c)
Ground-mounted television satellite dish.
[1]
It shall be located in the rear yard portion of the lot, which shall contain at least 7,500 square feet in area.
[2]
It shall be located at least 10 feet from any rear and side property line.
[3]
Its height measured from the natural contour or level of the ground shall not exceed 1.67 times the diameter of the dish.
[4]
It shall be finished with a color that blends with the surroundings.
[5]
It shall be screened from public rights-of-way and neighboring properties by trees shrubs and/or fences.
(d)
Antennas associated with amateur radio, citizen and mobile radio band equipment.
H.
Temporary facilities for special events. A permit for a temporary antenna for a special event lasting no more than 14 days may be issued by the Code Enforcement Officer with prior written notice. A specific location and specific dates and times of antenna use must be outlined in the written notice and complete dismantling and removal of the antenna must occur in compliance with the permit.
[Amended 5-10-1999 by Ord. No. 99-4]
I.
Permits.
[Added 2-1-1999 by Ord. No. 99-1]
(1)
Permits not required. A permit is not required for roof installation of antenna array and support structures with a combined height of not more than 12 feet if for private radio or television reception (Reference BOCA CODE 3109.1).
(2)
Permits required. A permit shall be required for any private roof-mounted antenna array and support structures with a combined height of more than 12 feet above the roof. A permit shall also be required for any antenna not qualifying as an accessory use set forth in § 300-110D. The design and materials of construction shall comply with the requirements of BOCA CODE 3108.3 and Marple Township Ordinance § 300-110, Antennas.
(3)
Application contents. The permit application shall contain all of the following information in the order given to facilitate the Township's completion check.
(a)
General. Section 300-I(3) shall apply to all installations and the information to be supplied in the application is as follows:
[1]
The application shall contain the name and corporate headquarters address of the applicant who will own and be responsible for the proposed installation and its subsequent operation.
[2]
The applicant shall provide a copy of the applicant's FCC license.
[3]
The applicant shall provide the name, address and telephone number of a responsible individual employed by the applicant who can legally act for it in these matters and will sign the application and indicate his belief in its correctness.
[4]
The applicant shall provide the name, address and telephone number of the individual that the applicant designates to receive all correspondence associated with this application.
[5]
The applicant shall describe the nature of the intended installation(s) indicating the type, size, height and power intensity(s).
[6]
The applicant shall provide the Township copies of all current FCC requirements and standards that are applicable to the proposed installation. The applicant shall submit information regarding the number of transmitters and receivers, frequency of operation, peak effective radiated power (PERP)in volts per meter at the tower base, site boundary and all locations outside the site boundary where PERP exceeds the maximum at any site boundary. Applicants shall demonstrate that the proposed wireless communication facility meets or exceeds FCC standards and shall supplement this information upon request of the Township. Once installed, any change in the power output from the wireless communication facility shall be immediately reported to the Township.
[7]
The applicant shall provide a sworn affidavit from a radio frequency engineer that the placement of the wireless communication facility will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communication services to all adjacent properties.
[8]
The applicant shall provide a scaled plan and a scaled elevation view and other supporting drawings, calculations and documentation showing the location and dimensions of the wireless communication facility and all improvements associated therewith, including information concerning attachment structure specifications, antenna locations, equipment facility, landscaping, fencing, and, if relevant, topography, adjacent uses and existing vegetation.
[9]
The applicant shall provide a description and illustrations of stealth design techniques employed in a manner suitable for review for approval by Marple Township.
[10]
The applicant shall indicate the closest locations to Marple Township where installations that are essentially the same as the one being proposed can be viewed. If not identical, indicate how it will be different.
[11]
The applicant shall provide the legal description, parcel number, block and unit numbers of the parcel of land upon which the facility is to be situated and the names, addresses and telephone number(s) of the owners and lessees of the parcels of land upon which the intended installation is to be situated. If the applicant is not the owner of the parcel of land or the attachment structure, the written authorization of the owner shall be submitted with the application.
[12]
The applicant shall identify the Marple Township zoning classification(s) of the properties on which the installation(s) are to be located and indicate the shortest distance(s) from the installation(s) to residentially zoned property.
[13]
The applicant shall indicate the need for the intended installation(s) and the alternatives studied and why the alternative in question was selected. Supporting documentation shall be supplied in a manner that an engineer who is expert in these technologies can properly review them. The applicant shall provide an inventory of the applicants existing wireless communication facilities that are either within Marple Township or within two miles of Marple Township limits. The location, height and design of these facilities shall be given. The applicant shall also provide a composite propagation study which illustrates graphically, existing, proposed and future coverage in the ten-mile radius of the proposed site in an industry-accepted format.
[14]
The applicant shall provide the name, address and telephone number of the applicant's engineer, who has reviewed the equipment designs and proposed installation and operating procedures for compliance with all FCC, OSHA, EPA and Marple Township regulations, codes, referenced standards and guidelines. The engineer shall attest (by signature and his Pennsylvania seal) that the application is in compliance with all applicable codes, ordinances and regulations.
[15]
The applicant shall supply a statement agreeing to furnish the Township, prior to installation, with a bond that will cover the cost of removal in the event of abandonment by the applicant or any successor entity. The value of the bond shall increase by 5% each year in order to account for the normal inflation rate.
[16]
The applicant shall supply a statement agreeing to furnish the Township, prior to the installation, with a certificate 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 wireless communication facility and its support structure. This insurance must be kept in force, increased by 5% per year to cover inflation with evidence of same being given to the Township as long as the facility exists. The Township reserves the right to require larger initial coverage amounts in cases where appropriate.
[17]
The applicant shall supply evidence of agreements and/or easements necessary to provide access to building or site on which the antennas are mounted, so that the installation and maintenance of the wireless communication facility can be accomplished.
[18]
The applicant shall supply evidence by an engineer showing how the siting and protection of the wireless communication facility does not pose a risk of explosion, fire or danger to life or property due to its proximity to flammable liquids and gases, corrosives, reactive and toxic chemicals as defined by the USEPA under 40 CFR 261.
(b)
Variance. If a variance is requested from the Zoning Hearing Board, in addition to the normal application requirements, the application for variance shall include the following:
[1]
The applicant shall provide a description of how the applicant's construction plan addresses any adverse impact which might occur as a result of approving the variance.
[2]
The applicant shall provide a description of off-site or on-site factors which mitigate any adverse impacts which might occur should the variance be granted.
[3]
The applicant shall provide a technical study prepared by a certified professional engineer which documents and supports the criteria submitted by the applicant upon which the request for variance is based. The study shall document the existence of facts related to the proposed variance and its relationship to the surrounding right-of-way and properties.
[4]
The applicant shall list all properties upon which the proposed tower could be located, the attempts made by the applicant to locate on those properties and the result of such attempts.
(c)
The applicant shall, where the proposed use is in a right-of-way, provide evidence of right-of-way use permits/agreements with the Township and/or Commonwealth of Pennsylvania.
(d)
The applicant shall provide the following information in addition to the information supplied under § 300-110I(4)(a) for applications for the installation of wireless communication facilities outside a right-of-way:
[1]
Attached micro facilities:
[a]
The applicant shall indicate the proposed antenna height above grade.
[b]
If the applicant is not the owner of the parcel of land or of the attachment structure, the applicant shall provide written authorization of the owner in the application.
[c]
The applicant shall provide, if the antenna is to be attached to a building or other structure, a detailed elevation and plan drawings to scale that show how antennas are mounted. The drawings shall show the locations of the antenna and equipment housing and the overall shape and size of the supporting structure. Indicate the design basis for the attachment and certification from a certified professional engineer that the proposed installation will not exceed the structural capacity of the attachment structure, considering wind, rain, snow, ice and other applicable conditions.
[2]
Wireless communication facilities other than attached micro facilities:
[a]
The applicant shall indicate the proposed antenna height above grade.
[b]
The applicant shall indicate if the support structure is capable of the addition of or collocation of other providers and if so how many additional providers and under what conditions.
[c]
If the antenna is to be mounted on a support structure, the applicant shall include a drawing to scale that shows the structure and how the antenna is mounted to it including the size and location of the equipment housing. An engineer's certification that the support structure is designed and will be constructed in accordance with the current structural standards for steel antenna towers and antenna supporting structures published by the Electronic Industries Association/Telecommunications Industry Association (EIA/TIA-222-E) or equivalent subject to Township approval. Indicate the maximum specific wind velocity and ice loading that the support can resist without failure (BOCA CODE 3108.4-5).
[d]
The applicant shall, in order to assist the Township in evaluating visual impact, submit with its application color photo simulations showing the proposed site of the wireless communication facility with a photo-realistic representation of the proposed wireless communication facility as it would appear viewed from the closest residential property, adjacent roadways and additional locations as necessary.
(4)
Processing the permit application. Antenna structures described under § 300-110I(1) are exempt from the permitting process. All others shall follow the following processing procedures:
(a)
All permit applications being processed under § 300-110 of the Marple Code must first undergo a general and technical review of the requirements indicated under this chapter. Installations requiring a variance must, after the completion of § 300-110I(4)(a), undergo the procedures described under § 300-110I(4)(b).
(b)
The applicant shall provide 12 copies of the permit application materials requested (bound in ring binders) to the Marple Township Director of Code Enforcement. All drawings enclosed with the application shall be reduced to 8.5 inches by 11 inches or 11 inches by 17 inches, whichever is more appropriate. Three sets of full size drawings shall also accompany the application.
(c)
All application materials will be stamped with the date on which it was received at the Marple Township offices. The application will be reviewed for completeness and the applicant notified of application being deemed complete or deficient by regular mail. If the application is deemed incomplete, it will not be processed until the corrections are made and the application resubmitted to the Township.
(d)
Notice of an application for a proposed telecommunications facility shall be given no later than five working days from the date of the filing of the completed application on the local public TV channel, by written notice to all abutting landowners, the owner or owners and occupier or occupiers of every property within 500 feet of the property line of the proposed facility via regular postal delivery. The notice shall state the name of the applicant, the date of the filing and a summary of the application.
(e)
The Planning Commission shall, if necessary, start its review as soon as the complete application is made available. When necessary, the Zoning Hearing Board will review the application.
J.
Removal of certain antennas.
(1)
Nonconforming antennas. If the Code Enforcement Officer shall determine the existence of a nonconforming antenna, except for legal nonconforming antennas, he shall give written notice to the owner of the premises on which such an antenna is located. Removal of the antenna shall be effected within 15 days after receipt of the notice. If such antenna is not removed after the conclusion of such fifteen-day period, the Code Enforcement Officer is hereby authorized to cause the antenna to be removed forthwith at the expense of the owner of the building or premises on which such antenna is located.
(2)
Obsolete antennas. An antenna, whether existing on or erected after the effective date of this section, that is no longer being used, shall be removed within 120 days upon cessation of such use by the owner of the building or premises on which such antenna is located. If the Code Enforcement Officer shall find that any such obsolete antenna has not been removed within 120 days upon cessation of such use, he shall give written notice to the owner of the building or premises on which such antenna is located. Removal of the antenna shall be effected within 15 days after receipt of the notice. If such antenna is not removed after the conclusion of such fifteen-day period, the Code Enforcement Officer is hereby authorized to cause the antenna to be removed forthwith at the expense of owner of the building or premises on which such antenna is located.
(3)
Unsafe antennas. If the Code Enforcement Officer shall find that any antenna is unsafe, insecure or is a menace to the public, he shall give written notice to the owner of the building or premises on which such antenna is located. Correction of the condition that caused the Code Enforcement Officer to give such notice shall be effected within 15 days after receipt of the notice. If such condition is not corrected after the conclusion of such 15 day period, the Code Enforcement Officer is hereby authorized to cause the antenna to be removed forthwith at the expense of the owner of the building or premises on which such antenna is located.
(a)
Notwithstanding the foregoing provision, the Code Enforcement Officer is authorized to cause any antenna to be removed summarily and without notice, at the expense of the owner of the building or premises on which such antenna is located, whenever he determines that such antenna is an immediate peril to persons or property.
K.
Payment of fees. The applicant for a permit or a conditional use shall at the time of making the application to the Code Enforcement officer a fee in accordance with a fee schedule adopted by resolution of the Board of Commissioners as shall be determined from time to time by the Board of Commissioners.
[Added 5-10-1999 by Ord. No. 99-4]
L.
Violations and penalty. Any person who violates a provision of this § 300-110 is guilty of a separate offense for each day or portion of a day that the violation is committed, continued or permitted and each offense is punishable by a fine in accordance with the schedule of fines established by resolution of the Board of Commissioners.
[Amended 5-10-1999 by Ord. No. 99-4]
§ 300-111 Fences and walls.
A.
Location. No fence or wall shall be beyond the front of the primary structure for each lot, with the exception of fences erected on residentially zoned properties, provided the fence does not exceed four feet in height and has at least 50% of the area of the fence open and provided further that retaining walls required to stabilize changes in elevation be permitted to a height of one foot above the average ground elevation retained.
[Amended 8-12-2002 by Ord. No. 2002-5; 6-12-2023 by Ord. No. 2023-1]
B.
Height. The maximum height for a fence or wall shall be six feet, measured from finished grade.
C.
Appearance. Any portion of a fence construction intended or utilized for the support of the fence shall be located on the inside of the fence, facing the principal portion of the tract upon which the fence is erected. The finished portion of the fence shall face the property or right-of-way adjacent to the fence.
D.
Permit required. No fence or wall shall be constructed without first obtaining a permit. Permit applications shall be accompanied by a property survey or plot plan with the proposed location of the fence or wall shown thereon. A permit application for a retaining wall must be approved by the Township Engineer before such a permit may be issued.