Nether Providence Township
City Zoning Code
City Zoning Code
ARTICLE XXII
General Provisions
§ 300-127 Applicability. [1]
[Amended 12-10-1992 by Ord. No. 581]
This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public; nor shall this chapter apply to the establishment, location or extension of any Township building, public park or recreational facilities which the Board of Township Commissioners may consider reasonably necessary for the convenience and welfare of the public.
[1]
Editor's Note: Originally preceding this section, original Section 1400, which dealt with nonapplicability of certain sections of this chapter to certain developments, as amended 9-11-1947 by Ord. No. 270-A, was deleted 12-10-1992 as Ord. No. 581, and original Section 1401, which prohibited trailer camps and automobile graveyards, was repealed 9-8-1977 by Ord. No. 481.
§ 300-128 General height restriction.
[Amended 12-10-1992 by Ord. No. 581; 8-10-2006 by Ord. No. 711]
No building in any of the following districts shall exceed 35 feet in height: R-1 Residence District, R-1a Residence District, R-2 Residence District, R-3 Residence District, R-3a Residence District, R-3b Residence District, R-4 Residence District, R-5 Residence District or R-5a Apartment District. No building in any of the following districts shall exceed 40 feet in height: C Commercial, P-O Professional Offices or I Industrial. Buildings in R-5b Districts shall be permitted to have such height as may be permitted in Article XII hereof. Cellular towers shall be permitted to have such height as may be permitted in § 300-138.1 hereof.
§ 300-128.1 Accessory building area and bulk restrictions.
[Added 5-14-2009 by Ord. No. 743]
A.
Except as otherwise provided in this subsection, no accessory building in any of the following districts shall exceed 10 feet in wall height or 20 feet in height at the peak of the roof: R-1 Residence District, R-1a Residence District, R-2 Residence District, R-3 Residence District, R-3a Residence District, R-3b Residence District, R-4 Residence District, R-5 Residence District, R-5a Apartment District or P-O Professional Office District.
B.
Except as otherwise provided in this subsection, no accessory building shall have a footprint in excess of 500 square feet; provided, however, that an accessory building may have a footprint greater than 500 square feet when approved as a special exception by the Zoning Hearing Board in accordance with the standards set forth in § 300-122C hereof and where the accessory building complies with all of the front, side, and rear yard setbacks of the zoning district in which the accessory building is located.
§ 300-129 Building projections into yards.
[Amended 12-10-1992 by Ord. No. 581]
A.
Front yards. No building and no part of a building shall be erected within or shall project into the front yard prescribed hereunder, except cornices, steps, bay windows, eaves, gutters or chimneys projecting not more than 24 inches.
B.
Side yards.
[Amended 12-12-1996 by Ord. No. 601]
(1)
In all districts, no building and no part of a building shall be erected within or shall project into the side yard prescribed hereunder, except cornices, steps, bay windows, eaves, gutters or chimneys projecting not more than 24 inches. In all districts, except in those as hereinafter provided, one accessory building may be built or constructed within one of the side yards if entirely separated from the main building and located at least 10 feet farther back from the front street line than the rearmost portion of the main building and at least five feet from any property line, and provided that the placement of such accessory building, in the opinion of the Township Engineer, does not aggravate existing water runoff or drainage. In all districts, except in those as hereinafter provided, if there exists a common wall between buildings, an accessory building may be built within two feet of the common property line of such, and provided that the placement of such accessory building, in the opinion of the Township Engineer, does not aggravate existing water runoff or drainage.
(2)
Residence Districts R-3b, R-4 and R-5. In these districts only, one accessory building may be built or constructed within one of the side yards if entirely separated from the main building, behind the rearmost portion of the main building, and located at least two feet from any property line, and provided that the placement of such accessory building, in the opinion of the Township Engineer, does not aggravate water runoff or drainage.
C.
Rear yards.
[Amended 12-12-1996 by Ord. No. 601]
(1)
In all districts, no building and no part of a building shall be erected within or shall project into the rear yard prescribed hereunder, except cornices, steps, bay windows, eaves, gutters or chimneys projecting not more than 24 inches. In all districts, except in those as hereinafter provided, an accessory building may be built or constructed within the rear yard if entirely separated from the main building and located at least 10 feet further back from the front street line than the rearmost portion of the main building and at least five feet from any property line, and provided that the placement of such accessory building, in the opinion of the Township Engineer, does not aggravate existing water runoff or drainage.
(2)
Residence Districts R-3b, R-4 and R-5. In these districts only, one accessory building may be built or constructed within the rear yard if entirely separated from the main building, behind the rearmost portion of the main building, and located at least two feet from any property line, and provided that the placement of such accessory building, in the opinion of the Township Engineer, does not aggravate existing water runoff or drainage.
D.
Corner lots.
[Added 12-12-1996 by Ord. No. 601]
(1)
For the purposes of this section only, the yards extending along any streets are front yards except in the case of properties fronting upon three street frontages, in which case the alley or tertiary street frontage shall be considered a side or rear yard for setback purposes for placement of an accessory building. Determination of the tertiary street shall be based upon the amount of traffic usage.
[Amended 8-12-2010 by Ord. No. 755]
(2)
Residence District R-3b. In this district only, one accessory building may be built or constructed within the side or rear yard if entirely separated from the main building and located at least two feet from any property line, and provided that the placement of such accessory building, in the opinion of the Township Engineer, does not aggravate existing water runoff or drainage.
E.
Only one accessory building will be permitted on any single property.
[Added 12-12-1996 by Ord. No. 601]
§ 300-130 Accessory buildings not to be used for living quarters.
[Amended 12-10-1992 by Ord. No. 581; 5-14-2009 by Ord. No. 743]
An accessory building shall not be used as living quarters or sleeping quarters. No person shall construct within any accessory building any bathroom, laundry facilities, or kitchen.
§ 300-131 Obstruction of view on corner lots.
On no corner lot shall a wall, fence or other structure or a sign be erected or altered or a hedge, tree, shrub or other growth be maintained so as to cause danger to street traffic by obscuring the view.
§ 300-132 Reduction of lot areas.
No lot area shall be so diminished or reduced that the dimensions of any of the open spaces shall be smaller than herein prescribed.
§ 300-133 Parking space.
[Amended 6-13-1952 by Ord. No. 298; 12-10-1992 by Ord. No. 581]
A.
Not less than one off-street parking space shall be provided on any lot on which a dwelling is hereafter erected or converted.
B.
Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than required under this chapter for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.
§ 300-134 Fences and walls.
[Amended 12-10-1992 by Ord. No. 581; 9-13-2012 by Ord. No. 770]
A. FENCE RETAINING WALL
Definitions. As used in this section, the following terms shall have the meanings indicated:
An enclosure or an enclosing barrier, as a structure of wood, stone, metal, plastic or other synthetic material, intending to prevent straying from within or intrusion; a wall as well as a structure of posts and boards, palings and pickets, rails, lattice or wire.
A wall for sustaining a bank of earth liable to a landslide.
B.
The following regulations shall apply to the placement, erection or construction of fences and walls within the open spaces required by this chapter.
(1)
No fence or wall (except a retaining wall or a building wall permitted under the terms of this chapter) shall be erected or constructed over six feet in height, including any extensions thereof, within any of the open spaces required by this chapter.
(2)
No fence or wall shall be placed directly on property lines.
(3)
Fences and walls must have the finished side facing out toward the adjacent property or right-of-way. Support posts and support rails shall face inward toward the center of the property. Welded wire fencing, when installed with a post-and-rail fence or split-rail fencing, shall be on the inside of the fence posts and shall face inward toward the center of the property.
[Amended 11-10-2022 by Ord. No. 844]
(4)
No fence or wall shall be placed within the right-of-way of any street except upon receipt of a special exception from the Zoning Hearing Board.
(5)
No fence or wall shall have an aboveground electric current.
(6)
Barbed wire or razor wire and fences/walls with similar dangerous protrusions are not permitted in residential districts with the exception of ornamental designed fencing.
(7)
This section shall not apply to garden or other ornamental fences which are under two feet in height as measured from the ground surface.
§ 300-135 Nonconforming uses, structures and lots; legislative intent.
[Amended 6-24-1954 by Ord. No. 320; 12-13-2007 by Ord. No. 723]
A.
Within the districts established by this chapter or amendments thereto, there exist certain uses, structures and lots which were lawful before this chapter was enacted or amended, but which do not conform to the provisions of this chapter or amendment thereto. These uses, structures or lots are referred to as legal nonconformities.
B.
The regulations governing existing nonconforming uses, structures and lots are set forth in this article. While such nonconformities are generally permitted to continue, these regulations are intended to regulate changes to such nonconformities.
§ 300-135.1 Continuation of nonconforming structures, lots and uses.
[Added 12-13-2007 by Ord. No. 723]
All structures, lots, uses of structures and uses of land that were lawfully in effect prior to the effective date of this chapter or amendment thereto that do not conform to the regulations of the district in which they are located after the effective date of this chapter or amendment thereto shall be regarded as nonconforming and may be continued so long as they remain otherwise lawful. Subsequent sales of such properties shall have no effect on the continuing legality of such nonconforming structures, lots or uses.
§ 300-135.2 Enlargement of nonconforming uses.
[Added 12-13-2007 by Ord. No. 723]
A nonconforming use may be extended, enlarged or altered only by special exception. A special exception shall be granted if the applicant satisfies all of the following conditions:
A.
The applicant demonstrates that such enlargement or extension is not materially detrimental to the surrounding area or the interest of the Township.
B.
The proposed enlargement or extension only occurs on the tract where the nonconformity is currently located.
C.
The area devoted to the nonconforming use shall not be increased by more than 50%.
D.
Any extension or enlargement of a building with a nonconforming use shall conform to the height, setback, building area and other bulk and area regulations of the district in which it is located.
E.
No prior extension or enlargement to the nonconforming use has been granted.
F.
The applicant provides for any additional parking required to support the expanded area, in accordance with ratios required in sections of this chapter, where the use is permitted by right, special exception or conditional use.
§ 300-135.3 Enlargement or alteration of nonconforming structures.
[Added 12-13-2007 by Ord. No. 723]
A.
For purposes of this section, "nonconforming structure" means any structure that is nonconforming as to yard setback, height, maximum building coverage or maximum impervious surface requirements of the zoning district in which the structure is located.
B.
Except as provided in Subsection C below, an addition to or modification of a nonconforming structure shall be permitted as of right only if it does not result in an enlargement of or increase in the nonconforming feature of the structure and otherwise complies with the bulk and area requirements of the zoning district in which the structure is located. For purposes of this section, an "enlargement or increase in a nonconforming feature" means an increase in the area of the structure falling within any setback, an increase in the area exceeding the maximum lot coverage or the maximum impervious surface, or an increase in the height of a structure exceeding the maximum height requirement.
C.
Construction of one additional floor, over the top of an existing structure that exists within all required front yard, side yard and rear yard setbacks, but which is nonconforming as to maximum lot coverage or maximum impervious surface, shall be permitted, provided it does not exceed the height limitation of this chapter. If an existing structure is nonconforming as to any required front yard, side yard or rear yard setback, any vertical extension of the building must comply with all such respective setback requirements as well as the height limitation of this chapter.
D.
No enlargement of any nonconforming structure that is an accessory structure is permitted.
E.
Once a nonconforming structure is changed to a conforming structure or the degree of nonconformance is reduced, such structure may not be changed or altered back to the prior nonconforming condition.
§ 300-135.4 Change of use of nonconforming uses.
[Added 12-13-2007 by Ord. No. 723]
A nonconforming use may be changed to another nonconforming use that is equally restrictive or more restrictive by special exception, subject to the Zoning Hearing Board finding that the applicant can demonstrate compliance with the following conditions:
A.
The applicant demonstrates that the nonconforming use cannot be reasonably changed to a conforming use.
B.
The applicant demonstrates that the proposed change will be no more objectionable in external effects than the existing nonconforming use, or will be more appropriate than the existing nonconforming use with regard to:
C.
The applicant demonstrates that the proposed change will not adversely affect the health, safety and welfare of residents of adjoining properties.
D.
Once a nonconforming use is changed to a conforming use or a more restrictive use, such use shall not thereafter be changed back to a use of a less restrictive classification.
§ 300-135.5 Abandonment of nonconforming uses.
[Added 12-13-2007 by Ord. No. 723]
If a nonconforming use of a building or land is abandoned for six months or more, whereby the owner discontinues the nonconforming use, the subsequent use of such a building or land shall conform with the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board in accordance with § 300-135.4 hereof, relating to change of use. An application to change the use made pursuant to this § 300-135.5 must be initiated within 90 days after the end of the six-month period.
§ 300-135.6 Restoration of nonconforming structures.
[Added 12-13-2007 by Ord. No. 723]
A.
A nonconforming structure or a conforming structure devoted to a nonconforming use which has been destroyed by fire or other casualty to an extent of not more than 75% of the value of the structure, or a nonconforming structure which has been legally condemned, may be reconstructed and used for the same nonconforming use, provided that:
(1)
The reconstructed structure shall not exceed the height, area and volume of the building destroyed or condemned.
(2)
Reconstruction of the structure shall commence within one year from the date the structure was destroyed or condemned, unless the Zoning Hearing Board shall authorize a special exception for an extension of this time limit.
B.
A nonconforming structure or a conforming structure devoted to a nonconforming use which has been destroyed by fire or other casualty to an extent of more than 75% of the value of the structure, may only be reconstructed or used for the same nonconforming use if approved by special exception by the Zoning Hearing Board. If the Zoning Hearing Board shall not approve the reconstruction of the nonconforming structure or continued nonconforming use of the property, the property shall be used and developed in conformity with the use, area and bulk requirements of the applicable zoning district.
§ 300-136 Interpretation; conflict with other provisions.
A.
In interpreting and applying the provisions of this chapter, the same shall be considered as establishing the minimum requirements for the promotion of the health, safety, morals and general welfare of the Township.
B.
It is not intended by this chapter to interfere with or abrogate or annul the rules and regulations of Nether Providence Township relating to the responsibilities of the Health Officer or the provisions of the Building, Plumbing, Firesafety and Property Maintenance Codes of this Township[1] or any rules, regulations or permits previously adopted or issued thereunder; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of the building or requires larger open spaces than are imposed or required by such ordinances, rules, regulations or permits, the provisions of this chapter hereafter shall control.
[Amended 12-10-1992 as Ord. No. 581]
§ 300-137 Violations and penalties.
[Amended 8-10-1989 by Ord. No. 560]
A.
If it appears to the Township that a violation of any provision of the Zoning Ordinance has occurred, the Township shall institute enforcement proceedings in accordance with and pursuant to the requirements of the Pennsylvania Municipalities Planning Code, as amended, Section 616.1, which are incorporated herein by reference and made part hereof.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
B.
In addition to other remedies, the Township may exercise any and all of the enforcement remedies set forth and pursuant to the requirements of the Pennsylvania Municipalities Planning Code, as amended, Section 617.2, which are incorporated herein by reference and made part hereof.[2]
[2]
Editor's Note: See 53 P.S. § 10617.2.
§ 300-138 Compliance with stormwater management regulations.
[Added 8-10-1989 by Ord. No. 560]
A.
Any and all uses, including residential, commercial and industrial, permitted by the provisions of Township Zoning Ordinance shall be subject to and allowed only in compliance with the requirements and standards of the Stormwater Management Plan for the watershed in which the use is located and with the provisions of the Township's subdivision and land development regulations and especially Subparagraph H thereto entitled "Ridley Creek stormwater management."
B.
Agricultural activities, where permitted by the Township Zoning Ordinance, shall have a conservation plan prepared (or reviewed) by the United States Soil Conservation Service. Appropriate administrative procedures of the Delaware County Conservation District must be followed. The standards and criteria of the applicable watershed plan shall be considered in the preparation of the conservation plan.
C.
No person shall be issued a zoning use or building permit until all required floodplain, obstruction and erosion and sedimentation permits have been issued.
D.
The grant of approval for a use or the issuance of a permit for any proposed use or building located within any designated floodplain district and/or stormwater management district shall not constitute representation, guaranty or warranty of any kind by the Township of Nether Providence or by any officers or employees thereof of the practicability or safety of the proposed use or structure and shall not create any liability upon the Township of Nether Providence, its officers or employees.
§ 300-138.1 Wireless communications facilities. [1]
[Added 6-10-1999 by Ord. No. 635]
In recognition of the nature of wireless communications systems and the Federal Telecommunications Act of 1996, the following regulations shall apply:
A.
Purposes. The purpose of this section and the standards established herein is to govern the use, construction and siting of wireless communications so as:
(1)
To accommodate the need for wireless communications facilities while regulating their location and number in the Township and to ensure compliance with all applicable governmental regulations.[2]
[2]
accommodate, where possible, other users, including other wireless communication, cellular communication and personal communication service provider companies, and local police, fire, and ambulance companies. Applicants shall provide documentary evidence that all other authorized users have been contacted by the Applicant with an offer of co-location on the Applicant's proposed Antenna Support Structure.
3. Review of Site Alternatives for New Structures. If the Applicant proposes to build an Antenna Support Structure (as opposed to mounting the Antenna(e) on an existing structure), the Applicant shall demonstrate with documentary evidence that it has contacted the owners of structures of suitable location and height (such as smoke stacks, water towers, and buildings housing existing Antenna support Structures) within a one (1) mile radius of the site proposed, requested for permission to install the Antenna(e) on those structures, and has been denied. An application to construct a new Antenna Support Structure will be denied if the Applicant has not made a good faith effort to mount the Antenna(e) on an existing structure as set forth in this paragraph."
(2)
To minimize any adverse visual effects of wireless communications facilities, antenna(s) and antenna support structures through proper design, siting and screening.
(3)
To ensure the structural integrity of the antenna support structure through compliance with applicable industry standards and regulations.
(4)
To encourage the joint use of any new antenna support structures in order to reduce the number of such structures needed in the future.
(5)
To promote the health, safety and welfare of the residents of the Township.
B. ANTENNA ANTENNA HEIGHT ANTENNA SUPPORT STRUCTURE ANTENNA SUPPORT STRUCTURE HEIGHT LAND SITE PUBLIC UTILITY TRANSMISSION TOWER WIRELESS COMMUNICATIONS EQUIPMENT BUILDING WIRELESS COMMUNICATIONS FACILITY
Definitions. For the purposes of this section, the following definitions shall apply:
A device used to collect and/or transmit wireless communications or radio signals, including panels, microwave dishes and single poles known as "whips."
The vertical distance measured from the highest point of the antenna support structures to the highest point of the antenna.
Any pole, telescoping mast, tower, tripod, lattice construction steel structure or any other structure which supports or has attached to it an antenna(s).
The vertical distance measured from the base of an antenna support structure at grade to the highest point of the structure, including any antenna(s) affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna support structure height. "Antenna support structure height" shall not include lightning or ground protection affixed to the top the antenna support structure, provided such lightning or ground protection does not exceed a height of five feet.
[Amended 2-28-2019 by Ord. No. 808]
A tract or parcel of land that contains a wireless communications facility and associated parking and may include other uses associated with an ancillary to wireless communication transmission.
A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
[Added 8-10-2006 by Ord. No. 712]
A building or cabinet in which electronic receiving, relay or transmitting equipment for a wireless communications facility is housed.
The antenna(s), antenna support structure, wireless communications equipment Building, parking and/or other structures, building, cabinets and equipment involved in receiving or transmitting wireless communications or radio signals.
C.
Use regulations.
(1)
Attachment of facilities to existing antenna support structures.
(2)
Erection of new antenna support structures and wireless communications facilities.
(a)
Use by right in I Industrial District and any parcel used exclusively as a municipal use, regardless of the zoning district in which a municipally owned parcel is located.
(b)
Use by special exception in C Commercial and P-O Professional Office Districts.
(c)
Special exception in the R-1a Residence District on any parcel with an area of 25 acres or greater, and not currently used for residential purposes; provided, however, that no more than one antenna support structure shall be allowed on any parcel located in the R-1a Residence District. Any antenna support structure in existence on any parcel on the date of enactment of this ordinance shall be counted towards the limit, and no additional antenna support structure shall be permitted on such parcel by special exception.
[Added 2-28-2019 by Ord. No. 808]
(3)
A wireless communication facility with an antenna or antennas is permitted by special exception in any zoning district, if the facility and any equipment accessory to the facility is completely enclosed inside a steeple, dome, bell tower or other existing building feature, provided that:
[Added 8-10-2006 by Ord. No. 712]
(a)
The wireless communication facility is not the primary use on the property;
(b)
The existing building in which the facility is proposed to be located is not used for residential purposes but rather is used for commercial, institutional, religious, school or other similar purposes; and
(c)
The lot on which such facility is proposed to be located has an area of at least one acre.
(4)
A wireless communication facility with an antenna or antennas is permitted by special exception as an accessory use in the R-5b Apartment District, provided that such wireless communication facility with an antenna or antennas is placed upon an existing structure.
[Added 8-10-2006 by Ord. No. 712]
(5)
An antenna mounted on an existing public utility transmission tower is permitted by special exception in the C Commercial District and PO Professional Office Districts.
[Added 8-10-2006 by Ord. No. 712]
(6)
Any special exception authorized hereunder shall only be granted if the applicant shall otherwise comply with all of the applicable provisions of this chapter and the area and bulk regulations of the zoning district wherein the wireless communications facility is to be located, to the extent that such regulations are not inconsistent with this chapter and the applicant shall also comply with all applicable requirements § 300-122D of this Zoning Code.
[Added 8-10-2006 by Ord. No. 712]
D.
Standards for wireless communications facilities in all zoning districts. All applicants seeking to construct, erect, relocate or alter a wireless communications facility shall comply with this section and shall demonstrate to the Board of Commissioners the following:
(1)
Antenna location. The applicant shall demonstrate, using accepted technological and documentary evidence, that the antenna and/or antenna support structure must be located where proposed in order to satisfy its function within the applicant's regional plan or grid system. An accurate description of each relevant area of service shall be included in such evidence.
(2)
Antenna height.
[Amended 8-10-2006 by Ord. No. 712]
(a)
The applicant shall demonstrate that the antenna(s) and antenna support structure must be at the height proposed in order to satisfy their function in the applicant's regional plan or grid system. The applicant shall also demonstrate that the antenna height request is not in excess of the minimum required to function satisfactorily.
(b)
An antenna that is attached to a support structure such as a telephone, electric or utility pole, existing wireless communications, cellular communications, or personal communications services tower, smoke stack, water tower or other similar tall structure, together with any antenna support structure, shall not exceed the height of the existing structure by more than 15 feet.
(c)
Notwithstanding anything contained herein to the contrary, no wireless communication facility height in excess of 120 feet shall be permitted.
[Amended 2-28-2019 by Ord. No. 808]
(d)
An antenna that is completely enclosed inside a steeple, dome, bell tower or other existing building feature, together with the existing structure, shall not exceed 60 feet in height, notwithstanding any other height limitation applicable in the zoning district in which the facility is proposed to be located.
(3)
(4)
Antenna support structure safety.
(a)
The applicant shall demonstrate that the proposed antenna(s) and antenna support structure are designed and constructed in accordance with all applicable national building standards for such facilities and structures, including but not limited to the standards developed by the Electronics Industry Association, Institute of Electrical and Electronics Engineers, Telecommunications Industry Association, American National Standards Institute and Electrical Industry Association. The applicant shall demonstrate that the proposed wireless communications facility is designed in such a manner that no part of the facility will attract/deflect lightning onto adjacent properties.
(b)
When an antenna(s) is to be located on an existing structure and the general public has access to the structure on which the antenna(s) is to be located, the applicant shall provide engineering details showing what steps have been taken to prevent microwave binding to wiring, pipes or other metals.
(c)
The applicant proposing to collocate an antenna shall certify that the proposed installation shall not exceed structural capacity of the building or existing structure considering wind and other loads associated with the antenna location and shall meet all applicable building codes and other Township regulations.
(5)
Safety to surrounding properties/other persons. The applicant shall demonstrate that the proposed antenna and antenna support structure, and entire wireless communication facility, are safe and are in accordance with applicable Township codes and that the surrounding properties will not be affected negatively by antenna support structure failure, falling ice or other debris. All antenna support structures shall be fitted with anticlimbing devices that comply with industry standards.
(6)
Fencing. A security fence shall be required around the antenna support structure and other equipment, unless the antenna(s) is mounted on an existing structure. The security fence shall be a maximum of eight feet in height and maintained in proper condition. No barbed wire or razor wire fencing will be permitted.
(7)
Licensing and applicable regulations. If the applicant is a commercial wireless communications company, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and provide the Township with copies of all FCC applications, permits, approvals, licenses and site inspection records. All such information shall be accompanied by a certification signed by two officers of the applicant, providing that, after due inquiry, the information being supplied is true and correct to the best of their knowledge, information and belief. The applicant shall also provide the Township with copies of all applicable federal regulations with which it is required to comply and a schedule of estimated FCC inspections. Antennas shall comply with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(8)
Proof of inspection. The owner of an antenna support structure shall submit to the Township Engineer proof of the annual inspection of the antenna support structure and antenna(s) by an independent professional engineer as required by the ANSI/EIA/TIA-222-ECode. Based upon the results of such an inspection, the Board of Commissioners may require removal or repair of the wireless communications facility.
(9)
Inspection by engineer. A structural engineer, registered in Pennsylvania, shall attest to the proposed antenna support structure's ability to meet the structural standards of Subsection D(4), herein, or those offered by either the Electronics Industry Association or the Telecommunications Industry Association and certify the proper attachment of antenna(s) and proper construction of the foundation and the erection of the antenna support structure.
(10)
Fully automated/required parking. The wireless communications facility shall be fully automated and not require any maintenance workers to be present on a full-time basis. Adequate parking shall be required for all maintenance workers, with a minimum of two spaces provided. All parking spaces shall conform to applicable stormwater management regulations.
(11)
Site plan. A full site plan shall be required for all wireless communications facilities, showing all existing and proposed structures and improvements, including but not limited to the antenna(s), antenna support structure, building, fencing, landscape, buffering and ingress and egress; the plan shall include all necessary elevations and photo-overlays demonstrating the illustrated appearance of all facilities against actual photographic backgrounds in each of the four directions. The plan shall comply with Chapter 289, Subdivision and Land Development, of the code of the Township of Nether Providence, as amended.
(12)
Signs. No sign or other structure shall be mounted on the wireless communications facility, except as may be required by the FCC, Federal Aviation Administration (FAA) or other governmental agencies.
(13)
Lighting. Antenna support structures and antenna attached thereto shall meet all Federal Aviation Administration (FAA) regulation. No antenna support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities.
(14)
Visual appearance. Antenna support structures shall be painted silver or have a galvanized finish or may be painted green up to the height of nearby trees to disguise its appearance. All wireless communications equipment buildings and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of like facades to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
(15)
Soil report. In the case of a newly constructed antenna support structure, a soil report complying with the standards of Geotechnical Investigations, ANSI/EIA-222E, as amended, shall be submitted to the Township Engineer to document and verify the design specifications of the foundation for the antenna support structure, and anchors for the guy wires, if used.
(16)
Additional development regulations.
(a)
Sole use on a lot. In the I Industrial District, the C Commercial District and the P-O Professional Offices District, a wireless communications facility is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district and subject to all of the other requirements of this Zoning Code, except as modified herein.
[Amended 8-10-2006 by Ord. No. 712]
(b)
Combined with another use. A wireless communications facility may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, municipal or other use subject to the following conditions:
[1]
The existing use on the property must be a permitted use in the applicable district or any lawful nonconforming use, and need not be affiliated with the wireless communications facility.
[2]
Minimum lot area. Minimum lot area for a land site shall be 3,600 square feet.
[3]
Where the wireless communications facility is located on a property with another principal use, vehicular access to the wireless communications facility shall not interfere with existing parking and, whenever feasible, be provided along the circulation driveways of the existing use. The applicant shall present documentation that the owner of the property has granted an easement for the proposed facility.
(c)
Combined with an existing structure. An antenna(s) may be attached to an existing structure or building subject to the condition that vehicular access to the wireless communications facility shall not interfere with the parking or vehicular circulation on the site for the principal use.
(17)
Maintenance. The wireless communications facility shall be maintained and kept in good repair as required by Federal Law H.R. 6180/S. 2882, the Telecommunications Authorization Act of 1992, including amendments to Sections 303(q) and 503(b)(5) of the Communications Act of 1934, and all Township ordinances not inconsistent therewith. Every year the facility owner shall certify to the Township of the structural integrity of the wireless communications facility.
(18)
Notification. All applicants seeking to construct, erect, relocate or alter a wireless communications facility shall demonstrate that all property owners within a five-hundred-foot radius of the proposed antenna support structure have been provided written notice of the applicant's intent to construct, erect, relocate or alter a wireless communications facility. Such notice shall also contain the date and time of the hearing where the applicant will appear and demonstrate compliance with the provisions of this section.
(19)
Interference. In the event that the wireless communications facility causes interference with the radio or television reception of any Township resident for a period of three continuous days, the resident shall notify the operator of the facility of such interference and the applicant, at the operator's sole expense, shall thereafter ensure that any interference problems are promptly corrected.
(20)
Abandonment/height reduction. It is the legislative finding of the Board of Commissioners of Nether Providence Township that wireless communications facilities which have been abandoned present a danger to the health, safety and welfare of the general public. Therefore all abandoned structures shall be removed no more than 90 days after abandonment. The owner shall be responsible for any demolition costs related to the facilities. If, in the future, technology is developed that permits antennas of a lesser height, the facilities owner shall be required to reduce the height of its antenna to the lower height that new technology permits within one year of written notification by the Township.
(21)
Annual report. In January of each year, the owner of any wireless communications facility, whether collocated or not, shall pay the registration fee established from time to time by resolution of the Board of Commissioners and shall provide the Township Manger with the following information:
(a)
The name and address of the owner of the wireless communications facility and telephone number of the appropriate contact person in case of emergency.
(b)
The name and address of the property owner on which the wireless communications facility is located.
(c)
The location of the wireless communications facility by geographic coordinates, indicating the latitude and longitude.
(d)
Output frequency of the transmitter.
(e)
The type of modulation, digital format and class of service.
(f)
Antenna(s) gain.
(g)
The certified and effective radiated power of the antenna(s).
(h)
The number of transmitters, channels and antenna(s).
(i)
A copy of the owner's or operator's FCC authorization.
(j)
Antenna(s) height.
(k)
Power input to the antenna(s).
(l)
Distance to the nearest base station.
(m)
A certification signed by two officers of the applicant that the wireless communications facility is continuing to comply with this section and all applicable governmental regulations.
(22)
Landscaping newly constructed antenna support structures. The following landscaping shall be required to screen as much of a newly constructed antenna support structure, the fence surrounding the newly constructed antenna support structure and any other new-constructed ground-level features (such as a building) as possible and, in general, soften the appearance of the wireless communications facility:
(a)
Existing vegetation on and around the land site shall be preserved to the greatest extent possible. Any tree or vegetative element which dies must be replaced within one month.
(b)
An evergreen screen shall be required to surround the antenna support structure. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
(c)
Where the wireless communications facility abuts residentially developed land, a residential zoning district, public land or streets, the land site perimeter shall be landscaped with at least one row of deciduous trees, not less than 3 1/2 inches in caliper, spaced not more than 30 feet apart, on center, and within 25 feet of the land site boundary, as well as at least one row of evergreen trees or shrubs, at least 14 feet high when planted and spaced not more than 15 feet apart and within 40 feet of the land site boundary.
(23)
FCC license/certificate of insurance. The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the wireless communications facility; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antenna.
(24)
Visual appearance. To the extent any building-mounted antenna is located on a flat-roofed building, such antenna shall be set back from the edge of the building on which it is located by at least 10 feet.
[Added 8-10-2006 by Ord. No. 712]
(25)
Equipment buildings. Any wireless communications facility equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
[Added 8-10-2006 by Ord. No. 712]
(26)
Bond for removal costs. At the time of issuance of the permit for construction of the wireless communications facility, a bond or escrow account shall be posted with the Township in an amount certified by the applicant's engineer and confirmed by the Township engineer to be sufficient to cover the costs of removing such wireless communications facility and disposing of all of its components, together with a financial security agreement authorizing the Township to use the funds to remove the facility if the facility is abandoned, and further authorizing the Township to place a lien on the premises in the event the escrow or bond is insufficient to cover the costs of removal and disposal. The financial security agreement shall be executed by both the applicant and the landowner, shall be in a form that is recordable in the Delaware County Office for the Recording of Deeds, and shall provide that its provisions run with the land. The Township may, at its option, cause the agreement to be recorded in the Office for the Recording of Deeds or any other office of public record. At the time of filing of the annual report required in Subsection D(21), above, any new owner of the land or of the facility, as well as an organization utilizing the facility, shall reaffirm the validity of the financial security agreement and/or execute a new financial security agreement as may be required by the Township Solicitor. If the Township Zoning Officer shall find that an abandoned wireless communications facility has not been removed within 90 days of the cessation of use, said officer shall give written notice to the owner of the building or premises on which such facility is located. Removal of the facility shall be effected within 15 days after receipt of the notice. If such facility is not removed after the conclusion of such fifteen-day period, the Zoning 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. If the escrow or bond is insufficient to cover the entire cost of removal and disposal, the Township may place a lien upon the premises which may be collected in accordance with the rules for collection of municipal liens.
[Added 8-10-2006 by Ord. No. 712; amended 2-8-2007 by Ord. No. 717]
[1]
Editor's Note: Ordinance No. 635 also provided as follows:
"SECTION 3. Submission of Plans. All plans for the erection of Wireless Communication Facilities shall be submitted to and be reviewed by the Township Planning Commission for compliance with the Township Subdivision and Land Development Ordinance, with the exception of new Antenna(e) attached to existing structures in the I-Industrial District or municipal use sites. The Township Engineer and Solicitor shall review the plans for compliance with this Ordinance and any other applicable local regulations, and evidence of the review and approval by all governmental agencies having jurisdiction over such facilities. The cost of review fees shall be reimbursed to the Township by the owner. These fees shall be in addition to any applicable Township building permit fees.
SECTION 4. Standards For Special Exceptions.
1. Burden of Proof. The applicant shall have the duty of presenting evidence and the duty of presenting all studies and materials required herein, as well as the additional burden of persuading the Zoning Hearing Board that:
(a) All standards as contained in this ordinance have been complied with; and
(b) The following additional specific Special Exceptions Standards have been met.
(c) That the proposed facilities will not be injurious to health, safety, and welfare of the community.
2. Designed For Co-Location: Notice to Other Users. In order to reduce the number of Antenna Support Structures needed in the Township in the future, the proposed Antenna Support Structure shall also be required to
§ 300-138.2 Zoning permits.
A.
Requirement for zoning permits.
(1)
A Zoning permit shall be required prior to the use or change in use of a building or land and prior to the change or extension of a nonconforming use and for the following structures if the structure has a building area less than 1,000 square feet but 80 square feet or more and is a detached structure accessory to a one-family dwelling:
[Amended 3-11-2010 by Ord. No. 750]
(3)
A zoning permit shall be required for manufactured or industrialized housing certified by the manufacturer to conform to applicable federal and state construction and safety standards, as identified in Section 901 of the Pennsylvania Construction Code Act of 1999, No. 45.
(5)
Applications for permits shall be made, in writing, to the Zoning Officer on such forms as may be furnished by the Township. Such application shall contain all information necessary for the Zoning Officer to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this section.
B.
Application for zoning permits.
(1)
An application for a zoning permit shall be made, in writing, by the landowner or his authorized agent on forms furnished by the Township and shall be accompanied by a plot plan drawn to scale, showing the exact size and location of any buildings or other structures existing on the subject lot and the setback lines within which the proposed building or other structure shall be erected or altered and the location of any easements or rights-of-way existing on the lot. In addition, there shall be included with the application such other plans, documents and information as may be necessary to enable the Zoning Officer to ascertain compliance with this section and all other pertinent ordinances, codes and regulations.
[1]
Editor's Note: This ordinance also provided that a fee schedule for the administration and enforcement of this section shall be established by the Nether Providence Township Commissioners by resolution from time to time.