[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and automobile graveyards, was repealed 9-8-1977 by Ord.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.
[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.
[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.
[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]
[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.
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.
No lot area shall be so diminished or reduced
that the dimensions of any of the open spaces shall be smaller than
herein prescribed.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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]
[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.
[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.
[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
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.
(4)
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.
