Borough of Media, PA Article XII Supplemental Regulations

§ 311-58 Legislative intent.

The purpose of this article is to identify certain regulations and standards which are either common to all zoning districts or applicable to more than one district.

§ 311-59 Overall requirements.

A. No building or structure, or part thereof, shall hereafter be erected, constructed or altered, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.

B. Every principal building shall hereafter be built on a lot with frontage on a public or private street.

C. No lot or premises shall hereafter be subdivided or reduced in area or size in any manner so as to violate the provisions of this chapter.

§ 311-60 Sidewalks and curb cuts.

[Amended 8-15-1996 by Ord. No. 903]

All new construction, excluding decks and accessory structures, on lots where there is currently no sidewalk shall install a sidewalk with accessible curb cut ramps at the crosswalks.

§ 311-61 Projections into required setbacks.

[Amended 8-15-1996 by Ord. No. 903; 3-19-2009 by Ord. No. 1057]

A. No building or part thereof shall be erected within or project into any required yard in any district, except for one-story bay windows, eaves, chimneys, balconies, fire escapes, buttresses, cornices or steps; and none of these or similar projections shall encroach more than three feet into the required yard.

B. In the R1, R2, and R3 Zoning Districts, where a structure has a conforming front yard setback, an unenclosed porch may project into such conforming front yard setback up to 1/3 of the required depth of the front yard setback for such respective zoning district.

(1) Prior to the issuance of a building permit for such a porch, the architecture of said porch shall be reviewed by the Media Borough Planning Commission.

(2) No porch erected under § 311-61B may subsequently be enclosed.

C. A ramp designed to fulfill the minimum Americans with Disabilities Act requirements shall be permitted within the required setbacks, up to one foot from the property lot line. Accessory structures shall follow guidelines as set forth in § 311-63C.

§ 311-62 Visibility at corner lots.

A. On any corner lot, no wall, fence or other structure shall be erected or maintained, and no hedge, tree, shrub or other growth shall be planted, grown or maintained, which may cause danger to vehicular traffic by obscuring the view or in any other way be a source of danger.

B. In residential districts, where a lot is located at the intersection of two streets, no obstruction of any kind whatsoever of a height greater than 24 inches shall be maintained or permitted within a triangle the legs of which measured from the intersection of the curblines at the corner shall be 25 feet.

C. The Borough shall have the right to declare any obstruction to vision within the line of the sight triangle to be a safety hazard and shall direct the owner of the property to have it removed. If the owner fails to do so within 30 days after written notice, the Borough shall remove the obstruction and bill the owner and lien the property for the expense involved.

§ 311-63 Accessory structures.

A. Accessory structures shall cover no more than the below listed percentage of the area of the lot on which they are located for the zoning districts and principal uses indicated:

(1) All uses in MERC and ROA Districts and multifamily dwellings with five or more units: 5%.

(2) All other uses: 10%.

B. No accessory structure shall exceed one story or 14 feet in height, except with regard to private garages for which a steep slope requires more room for vehicular access, in which case the side for access shall not exceed 24 feet in height.

C. Accessory structures shall be placed not less than three feet from any side or rear lot line and behind the rearmost portion of the principal building. In the case of corner lots, accessory structures shall not be placed closer to the side street than the principal building.

D. Decks for residential uses only. In order for a deck for residential uses only to be built, it shall meet all of the following requirements:

[Added 5-20-2004 by Ord. No. 989]

(1) A deck without any roof structure or walls shall be allowed to project into a preexisting nonconforming side yard; and

(2) No deck shall be built to project into any rear yard setback as a use by right; and

(3) Prior to obtaining any building permit for the construction of a deck, it shall be established to the satisfaction of the Borough that the footings are structurally designed to support only the deck, defined as a nonexpandable deck, or that the footings are structurally designed to support in the future an enclosed room, defined as an expandable deck; and

(4) A nonexpandable deck shall not be later expanded or constructed as an enclosed additional living area, such as but not limited to, an additional room or rooms; and

(5) In addition, the owner shall designate in writing that there is an expandable deck at the time of filing for the building permit by including a letter of intent to later expand or construct an enclosed additional living area. In addition, the owner shall provide in writing the following:

(a) That the enclosed or expanded deck is compliant with all applicable setback regulations; and

(b) That the enclosed or expanded deck follows the zoning regulations as provided for enlargement of nonconforming structures in Article XVIII; and

(6) The owner of a preexisting open deck shall provide the following in writing if he/she applies to expand and/or enclose the deck:

(a) The owner shall demonstrate to the satisfaction of the Borough that the existing footings of the open deck provide the proper load-bearing capacity to support the enlargement and/or enclosure; and

(b) The owner shall provide proof, to the satisfaction of the Borough, as demonstrated in building plans that the proper fire separation exists between structures as provide in the BOCA Code.

E. Calculation of building coverage for properties that include accessory structures. The total building coverage of a property that includes accessory structures shall include the footprint of the accessory structure(s).

[Added 5-20-2004 by Ord. No. 989]

§ 311-64 Regulations for private, noncommercial swimming pools.

A. The swimming pool is intended, and is to be used, solely for the enjoyment of the occupants of the principal permitted use of the property on which it is located and their guests.

B. No swimming pool shall be constructed in the Borough except in accordance with a permit previously secured from the Code Enforcement Officer.

C. All swimming pools where the water may reach a depth of more than two feet shall be completely enclosed by a good quality chain link, wooden or other equivalent fence of not less than four feet in height. The type, quality and design of the fence shall be adequate to serve as a safeguard and protection to children. Such fence shall have self-locking gates and shall be such as to prevent unauthorized children and animals from entering the pool area.

D. The type, quality and construction of such fence shall be approved by the Code Enforcement Officer.

E. No swimming pool shall be located less than 10 feet from any property line and 10 feet from the principal permitted use on the lot.

F. No swimming pool shall be located under electric lines.

G. Swimming pools shall be placed behind the front line of the principal building. In the case of a corner lot, no swimming pool shall be placed closer to the side street than the principal building.

§ 311-65 Public utility buildings.

Public utility buildings shall be permitted in any zoning district, provided that buildings and equipment used by these utilities shall be subject to the following regulations:

A. Front, side and rear yards shall be provided in compliance with the requirements of the district in which the building is located.

B. The height of the building shall comply with district regulations.

C. In residential districts, the permitted public utility facilities shall not include storage of maintenance vehicles or equipment, and no equipment creating unreasonable noise, vibration, smoke, odor or hazardous condition shall be installed.

D. Unhoused equipment shall be enclosed with a fence or wall not less than six feet in height which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension.

§ 311-66 Fence and wall regulations.

A. In all districts, except for the Industrial District as specifically provided in Subsection E, no fence or wall (excepting a retaining wall or a wall of a building permitted under the terms of this chapter) shall be erected to a height of more than four feet in the front yard. Similarly, such fences or walls shall not exceed six feet in height in the side and rear yards; however, fences surrounding tennis courts and ball fields may have a height of not more than 12 feet, and fences screening a dumpster shall be subject to the height requirements of § 311-66F hereof.

[Amended 7-15-2004 by Ord. No. 994; 4-19-2007 by Ord. No. 1025]

B. All fences shall be constructed inside, and not directly on the property line.

C. No fence shall be of a type or design so as to be clearly out of character with the architecture of the surrounding line.

D. Prior to the erection of a fence, a permit must be obtained from the Code Enforcement Officer.

E. In the Industrial District for fences surrounding businesses or portions thereof, the fence(s) shall have a height not to exceed eight feet.

[Added 7-15-2004 by Ord. No. 994]

F. Any dumpster required by § 119-9 of the Code of the Borough of Media, authorized pursuant to § 253-39 of the Code of the Borough of Media or otherwise located on a permanent basis on any property within the Borough, shall be screened from public view by a fence with a height at least equal to that of the dumpster it is shielding and no higher than six inches in excess of the height of the dumpster that it is shielding.

[Added 4-19-2007 by Ord. No. 1025]

§ 311-67 Restrictions on keeping of animals.

[Amended 3-18-2021 by Ord. No. 1147]

No lot or premises in any part of the Borough shall be used to keep or raise chickens, except in compliance with Article III of Chapter 149 of the Code of the Borough of Media, entitled "Raising and Keeping of Chickens." No exterior grounds of any lot or premises in any part of the Borough shall be used to keep or raise pigeons or other fowl, or any rabbits, hares, guinea pigs, white mice, hamsters or any other small animals; such animals may be kept or raised inside residential structures as household pets, provided the keeping of same shall not cause a nuisance. No lot or premises in any part of the Borough shall be used to keep or raise any horses, cows, sheep or any other farm animals or wild animals or reptiles, whether domesticated or not.

§ 311-68 Refuse.

All refuse shall be placed in closed, rigid, vermin-proof containers. In the case of multifamily dwellings and nonresidential buildings, all refuse receptacles shall be effectively screened from the view of the residents and from public streets and sidewalks by means of a fence, wall or plantings. All such refuse receptacles shall be placed on the property responsible for such refuse.

§ 311-69 Lighting.

In the case of multifamily dwellings and nonresidential buildings, lighting facilities shall be provided and arranged in a manner that will protect the street and neighboring properties from excessive glare and hazardous interference of any kind. Lighting facilities shall be provided for the safety and convenience of the residents of multifamily dwellings or patrons of nonresidential buildings. All driveways and parking areas must be properly lighted to assure safe driving conditions at night and security for residents and patrons.

§ 311-70 Condominiums.

In the event that multifamily dwellings are converted or developed as condominiums, such condominiums shall be owned and operated in accordance with the Pennsylvania Unit Property Act of 1963, as amended.

§ 311-71 Satellite antennas.

The following provisions shall regulate satellite antennas in the Borough:

A. Only ground-based satellite antennas are permitted in residential zoning districts.

B. Ground-based satellite antennas shall be placed only in the side or rear yard. No antenna shall be placed in the front yard.

C. If ground-based, the maximum height of the satellite antenna shall be 14 feet, as required for accessory structures in § 311-63 of this chapter.

D. If ground-based, the maximum area of the satellite antenna shall not exceed two square feet of surface area.

[Amended 8-15-1996 by Ord. No. 903]

E. Roof-mounted satellite antennas shall be placed only in nonresidential zoning districts.

F. A roof-mounted antenna shall not exceed two square feet in surface area.

[Amended 8-15-1996 by Ord. No. 903]

G. The total height of a roof-mounted antenna shall not extend more than six feet above the roofline.

H. Roof-mounted antennas shall be located on the portion of the roof sloping away from the front of the lot.

I. All applications for a roof-mounted antenna shall be accompanied by specific mounting and stress analysis designs, prepared by a professional engineer.

J. No more than one satellite antenna shall be permitted on a lot with its use limited to that lot.

K. The satellite antenna shall be of a color that blends with the surrounding landscape. It shall have an open mesh rather than a solid surface in order to blend with the landscape and reduce visual blockage.

L. All wiring for ground-based antennas shall be underground.

M. Satellite antennas shall be located and designed so as to reduce their visual impact on the surrounding properties and public streets.

N. Every satellite antenna shall be adequately grounded for protection against a direct strike of lightning.

O. A Media Borough permit shall be obtained prior to installation.

P. The installation of satellite antennas shall meet all other local, state or federal codes where applicable, including but not limited to the Media Building Code.[1]

[1] Editor's Note: See Ch. 119, Building Construction.

§ 311-72 Community residence facilities.

A. Only family-based community residence facilities and those for the mentally and/or physically disabled as defined in Article II shall be permitted in the Borough.

[Amended 8-15-1996 by Ord. No. 903]

B. Proposed community residence facilities are subject to the conditions and requirements listed below:

(1) Supervision, on a twenty-four-hour basis, shall be available by adults qualified in the field for which the facility is intended.

(2) No community residence facility shall be located within 750 feet from another, measured from dwelling unit to dwelling unit.

(3) The maximum number of residents in a community residence facility shall not exceed eight.

(4) Each facility shall have one off-street parking space for each employee on the greatest shift and one off-street parking space for every four residents.

(5) All new facilities shall meet the dimensional requirements of the district in which they are located.

(6) There shall be a planted buffer, five feet in height, along the side and rear lot lines of all community residence facilities.

(7) Any alterations or additions to the exterior of a community residence facility shall be compatible with the existing structure and in keeping with the neighborhood character, excluding safety required modifications. Upon the closing of a community residence facility, all safety required modifications shall be removed.

(8) Each facility must receive all pertinent approvals and/or licenses from the appropriate state agencies prior to special exception approval.

(9) All other applicable requirements of the Zoning Chapter, building code, fire code and all other applicable Borough codes and state regulations and statutes shall be met.

(10) All facilities must supply the Borough (and keep current) the name of a person responsible for responding to a complaint filed by the Borough.

(11) All community residence facilities will be available for reasonable periodic inspections by appropriate Borough officials.

(12) A record of all community residence facilities and their locations shall be maintained by the Borough Code Enforcement Officer.

§ 311-73 Landscaping, buffering and screening.

A. General regulations.

(1) Any part or portion of a site which is not used for buildings, other structures, loading and parking spaces, driveways and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped. Maximum advantage shall be taken of existing trees and shrubs in landscaping.

(2) All landscaped planting areas, as defined in Article II, shall be maintained and kept clean of all debris, rubbish, weeds and tall grass; provided, however, that if such area is part of a naturally wooded area on the property that will remain at least 20 feet wide after the proposed land development is completed, it may continue in its natural state.

[Amended 8-15-1996 by Ord. No. 903]

(3) Unless otherwise specified, landscaped planting areas may be part of the required front, side and rear yards.

(4) In all districts, a privacy type fence or wall may be substituted for the planted visual screen required in § 311-73B(5) along a property line which abuts a residential district.

[Amended 8-15-1996 by Ord. No. 903]

(5) All water towers, storage tanks, cooling towers, vents, or any other structures which rise above roof lines, as well as mechanical equipment, shall be architecturally compatible with adjacent neighborhood or effectively screened from view from any public street or sidewalk by the architecturally sound method.

[Amended 8-15-1996 by Ord. No. 903]

(6) Landscaping and screening of parking and loading areas shall be as required by Article XIII of this chapter.

B. Specific regulations. Landscaping, buffering and screening requirements shall be as required by § 311-84 and as indicated below:

[Amended 8-15-1996 by Ord. No. 903]

Dwelling or Building Type and Zoning District			Requirements (All dimensions are minimums)
(1)	R-2 and R-3 Residential Districts, multifamily building with maximum of 4 units per building		Landscaped planting area, 5 feet wide, adjacent to front of principal building.
			Planted visual screen, 5 feet high, along property lines adjacent to nonresidential district.
(2)	R-3 Residential District, multifamily building with 5 or more units per building		Landscaped planting area, 5 feet wide, adjacent to front of principal building. This is part of required common open space.
			Planted buffer, 5 feet high and 4 feet wide, along each side and rear property line. This buffer is in addition to required common open space.
			Planted visual screen, 5 feet high, along property lines adjacent to nonresidential district. No planted buffer required.
(3)	R-3 Residential District, townhouses		Landscaped planting area, 5 feet wide, adjacent to front of  principal building.
(4)	Municipal, Educational, Recreational and Community Use District, all buildings		Landscaped planting area, 10 feet wide, along all street frontages, and 5 feet wide around perimeter of principal building.
(5)	O-Office District
	(a)	Nonresidential building	Landscaped planting area, 5 feet wide, adjacent to front of principal building.
			Planted visual screen, 5 feet high, along property lines adjacent to residential district.
	(b)	Multifamily building with maximum of 4 units per building	As noted in Subsection (1) above relating to multifamily buildings with maximum 4 units, in R-3 Residential District.
(6)	Retail-Office Apartment District, nonresidential building		Landscaped planting area, 5 feet wide, adjacent to rear of principal building, and front of building if an adjoining property is landscaped.
(7)	Highway, Business-Office District, nonresidential building		Landscaped planting area, 5 feet wide, around perimeter of principal building. Additional landscaped planting area may be required by the Planning Commission following a review by the Art and Architectural Commission, at the front and rear of the lot.
			Planted visual screen, 6 feet high, along all property lines adjacent to a residential district.
(8)	I-Industrial District, all buildings		Planted visual screen, 8 feet high, along all property lines adjacent to a residential use.
(9)	Community residence facilities in all districts permitted		As required by § 311-72B(6) of this chapter.

C. Setback regulations for lots in nonresidential districts, ROA District, R-3 District and R-4 District which abut lots within the R-1 District or R-2 District.

[Added 8-21-2008 by Ord. No. 1048]

(1) Setback requirements.

(a) In addition to the landscaping, buffering and screening requirements set forth in subsection § 311-73B above, there shall be a fifty-foot setback between any nonresidential structure proposed to be erected on a lot in a nonresidential district, an ROA District, an R-3 or an R-4 District that abuts an R-1 or R-2 Residential Zoning District and the boundary lines of the R-1 Residential District or R-2 Residential District, as applicable; or a thirty-foot setback between any residential structure proposed to be erected on a lot in a nonresidential district, an ROA District, an R-3 or an R-4 District that abuts an R-1 or R-2 Residential Zoning District and the boundary lines of the R-1 Residential District or R-2 Residential District, as applicable.

(b) Where the boundary line separating the districts is the middle of a street, there shall be a twenty-five-foot setback measured between the edge of the street right-of-way and the structure proposed to be erected, regardless of whether the proposed structure shall be a residential structure or a nonresidential structure.

(c) For purposes of this Subsection C(1), the following terms shall have the meanings indicated:

NONRESIDENTIAL STRUCTURE

Any structure used wholly or in part for nonresidential purposes, including, without limitation, a mixed-use retail/apartment building.

RESIDENTIAL STRUCTURE

Any structure used solely for residential dwelling units, ranging from single-family dwellings to apartment buildings.

(2) The setback required by Subsection C(1) above shall be landscaped, but driveways, drainage devices and sidewalks may be included in the setback, subject to the impervious-cover requirements of this Zoning Code. The Planning Commission, with the advice of the Shade Tree Commission, shall determine the nature and extent of plantings which will serve as an appropriate buffer in these setback areas between districts taking into account public safety concerns involving sight distances and visibility created by the proposed plantings. The Planning Commission shall also approve the locations of all proposed incursions into these buffer areas to include driveways, drainage devices and sidewalks.

(3) Where, because of unique and particular physical and topographical conditions, the above setback and buffering requirements are impractical, a lesser setback of physical buffering barriers such as fencing, street walls, landscaping, berms, mounds or a combination of such barriers shall be acceptable when approved by the Zoning Hearing Board as a special exception in accordance with the standard of review for special exceptions set forth in § 311-109. In reviewing such special exception applications, the Zoning Hearing Board shall also take into consideration the advice and recommendations of the Borough Planning Commission and the Shade Tree Commission. In no case shall such lesser setback be less than the applicable yard setback requirements for the zoning district in which the property is located.

§ 311-74 Accessory structures for keeping of chickens. [1]

[Added 3-18-2021 by Ord. No. 1148; amended 3-17-2022 by Ord. No. 1154]

Where permitted by Chapter 149, Article III, the owner or occupant of a residence in the R-1, R-2, R-3, or R-4 zoning districts in the Borough of Media may erect an accessory structure for the keeping of chickens in conformity with the following standards:

A. Permitted accessory structures for the keeping of chickens include henhouses/chicken coops and/or chicken run or pens.

B. Permitted accessory structures for the keeping of chickens shall only be in the rear yard within the required setbacks.

C. All accessory structures for the keeping of chickens must be located at least 10 feet from the property line and at least 25 feet from any adjacent residential dwelling, church, school or place of business.

D. Permitted accessory structures shall be located not less than 10 feet behind the rearmost portion of the principal building. In the case of corner lots, accessory structures shall not be placed closer to the side street than the principal building.

E. Permitted accessory structures shall only be permitted as an accessory use to a single-family residences. No chickens shall be permitted in mobile home parks or on properties containing multifamily units, including duplexes.

F. Maximum height. No structure shall exceed eight feet in height.

G. Accessory structures for the keeping of chickens shall apply against the lot area restrictions of this section.

H. Enclosures must be impermeable to rodents, wild birds and predators, including dogs and cats.

I. Prior to the erection or installation of an accessory structure for the keeping of chickens, a permit must be obtained from the Code Enforcement Officer.

[1] Editor's Note: Former § 311-74, Building placement at corner lots, was deleted 8-15-1996 by Ord. No. 903.

§ 311-75 Stormwater management.

A. All activities and uses shall comply with the standards and criteria of the Ridley Creek Stormwater Management Plan, as regulated by the Ridley Creek Stormwater Management Ordinance, as now in effect or as later adopted, and with the applicable provisions of the local building code.

B. No building permit shall be issued for any construction or alteration until the requirements of the Ridley Creek Stormwater Management Ordinance have been fulfilled.

C. The Zoning Map shows the boundary of the Ridley Creek watershed in the Borough. The Subarea Map (Plate 1) of the Delaware County Stormwater Management Plan for the Ridley Creek Watershed, which map was prepared in November 1982 (revised November 1987) shows the subarea boundaries and indicates the allowable release rate percentages for each subarea, including those in the Borough.

D. The release rate percentage, as defined in Article II, is 100 for all subareas in the Borough.

§ 311-76 Conversions.

A. Eligibility.

(1) In order to be eligible for conversion, a single-family detached dwelling must contain a minimum of 2,500 square feet of floor area, and a single-family semidetached dwelling shall contain a minimum of 1,750 square feet of floor area, exclusive of basement in both cases.

(2) The conversion shall strictly comply with all requirements of the district in which it is located.

B. In all districts, a minimum lot area of 2,200 square feet per unit shall be provided.

C. Except for the area requirement in Subsection B above, other dimensional requirements shall be as noted below:

	District	Requirements
	R-1	Same as for multifamily dwellings (4 units maximum) in R-2 (§ 311-22D).
	R-2	Same as for R-1 above.
	R-3, Office, ROA and HBO	Same as for multifamily dwellings (4 units maximum) in R-3 (§ 311-27D).

D. Off-street parking for each dwelling unit shall be provided as indicated in the following table:

	For Each Dwelling Unit Containing Number of Bedrooms	Number of Parking Space
	1	1.0
	2 or more	2.0

E. Each unit will be a complete, separate housekeeping unit that is separate from every other unit.

F. Minimum floor space per unit, exclusive of public access, common stairs and hallways serving more than one unit, will be based on the number of bedrooms in units as follows:

[Amended 8-15-1996 by Ord. No. 903]

	Number of Bedrooms in Units	Minimum Square Footage Per Unit
	1	625
	2	775
	3	925

G. The total number of units in the structure after conversion shall not exceed four.

H. Separate entrances to the outside or to a common hallway opening to the outside shall be provided.

I. No external alterations inconsistent with the residential use or architectural character of the dwelling shall be permitted.

J. All utility connections shall meet utility company standards.

K. Applications for conversions shall be submitted to the Planning Commission, which will issue a report with its recommendation to Media Borough Council. The applicant shall be present at the time the Planning Commission meeting reviews the conversion application. The application shall include the following information items:

[Amended 8-15-1996 by Ord. No. 903]

(1) Floor plan showing the layout, including all dimensions of each unit.

(2) Site development plan showing and locating the dwelling and other existing buildings; all property lines; any proposed additions; building setback lines; location, size and extent of all underground utilities; length, width and function of all rights-of-way and easements; required parking spaces, and the one-hundred-year floodplain.

(3) All plans shall be drawn to a scale of not less than one inch equals four feet for the floor plans and one inch equals 20 feet for the site development.

(4) All conversions on lots where there is currently no sidewalks shall install a sidewalk with handicapped accessible curb cut ramps at the crosswalks.

§ 311-77 Traffic plans.

In all zoning districts, whenever a parking area with five or more spaces is proposed to be constructed, a traffic circulation plan showing all points of ingress and egress, as well as on-site traffic flow, shall be submitted to the Planning Commission for its recommendation.

§ 311-78 Wireless communications facilities.

[Added 5-21-1998 by Ord. No. 928]

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 Borough and to ensure compliance with all applicable governmental regulations.

(2) To minimize any adverse visual effects of wireless communications facilities, antenna(e) 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 to reduce the number of such structures needed in the future.

(5) To promote the health, safety and welfare of the residents of the Borough.

B. Definitions. For the purposes of this section, the following definitions shall apply:

ANTENNA

A device used to collect and/or transmit wireless communications or radio signals, including panels, microwave dishes and single poles known as "whips."

ANTENNA SUPPORT STRUCTURE

Any pole, telescoping mast, tower, tripod, lattice construction steel structure or any other structure which supports or has attached to it, an antenna(e).

ANTENNA SUPPORT STRUCTURE HEIGHT

The vertical distance measured from the base of an antenna support structure at grade to the highest point of the structure, including any antenna(e) 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.

EMERGENCY USE

For noncommercial communications via antenna(s) and pertaining to governmental concerns regarding health, safety and/or welfare issues for the public.

[Added 11-20-2003 by Ord. No. 980]

LAND SITE

A tract or parcel of land that contains a wireless communications facility and associated parking, and may include other uses associated with and ancillary to wireless communication transmission.

WIRELESS COMMUNICATIONS EQUIPMENT BUILDING

A building or cabinet in which electronic receiving, relay or transmitting equipment for a wireless communications facility is housed.

WIRELESS COMMUNICATIONS FACILITY

The antenna(e), 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.

(a) Use by right on any local municipality-owned sites.

(b) Use by special exception in I - Industrial District and on any state, county and school district-owned sites for their own internal communication needs only.

(c) Use by right for emergency use by either or a combination thereof of local, county, state or federal communications antennas. The application procedure, engineering review and building permit procedures as provided in this chapter and the Borough Code shall still be complied with in order to install the antenna/structure.

[Added 11-20-2003 by Ord. No. 980]

(2) Erection of new antenna support structures and wireless communications facilities.

(a) Use by right on any local municipality-owned sites.

(b) Use by special exception in I - Industrial District and on any state, county and school district-owned sites for their own internal communication needs only.

(c) Use by right for emergency use by either or a combination thereof of local, county, state or federal communications antennas. The application procedure, engineering review and building permit procedures as provided in this chapter and the Borough Code shall still be complied with in order to install the antenna/structure.

[Added 11-20-2003 by Ord. No. 980]

D. Standards for wireless communications facilities. All applicants seeking to construct, erect, relocate or alter a wireless communications facility shall comply with this chapter and shall demonstrate to the Borough Council 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 applicants regional plan or grid system. An accurate description of each relevant "area of service" shall be included in such evidence.

(2) Antenna height.

(a) The applicant shall demonstrate that the antenna(e) 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 requested is not in excess of the minimum required to function satisfactorily.

(b) Antenna that is attached to a support structure such as 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 10 feet.

(c) An antenna that is not mounted on an existing antenna support structure shall not have an antenna height or tower height in excess of the height restrictions in the zoning district in which it is located.

(3) Setbacks from base of antenna support structure.

(a) The minimum distance between the base of any antenna support structure or and any property line or right-of-way line shall be the largest of the following:

[1] The minimum yard setback in the underlying zoning district; or

[2] One hundred percent of the proposed antenna support structure height.

(b) The minimum distance between the base of any guy wire anchors and any property line or right-of-way line shall equal 40% of the proposed antenna support structure height.

(4) Antenna support structure safety.

(a) The applicant shall demonstrate that the proposed antenna(e) 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 so that no part of the facility will attract/deflect lightning onto adjacent properties.

(b) When an antenna(e) is to be located on an existing structure and the general public has access to the structure on which the antenna(e) 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.

(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 Borough codes, and the surrounding properties will not be negatively affected by antenna support structure failure, falling ice or other debris. All antenna support structures shall be fitted with anti-climbing devices, as comply with industry standards.

(6) Fencing. A security fence shall be required around the antenna support structure and other equipment, unless the antenna(e) 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 Borough Manager 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 Borough Manager with copies of all applicable federal regulations with which it is required to comply and a schedule of estimated FCC inspections.

(8) Proof of inspection. The owner of an antenna support structure shall submit to the Borough Engineer proof of the annual inspection of the antenna support structure and antenna(e) by an independent professional engineer as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such an inspection, the Borough Council 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) preceding, herein, or those offered by either the Electronic Industries Association or the Telecommunication Industry Associations and certify the proper attachment of antenna(e) and proper construction of the foundation and the erection of the antenna support structure.

(10) Fully automated/required parking. The wireless communication 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 be constructed to 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(e), 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 the Borough Subdivision and Land Development Ordinance, as amended.[1]

[1] Editor's Note: See Ch. 257, Subdivision and Land Development.

(12) Signs. No sign or other structure shall be mounted on the wireless communications facility, except as may be required by the FCC, FAA or other governmental agencies.

(13) Lighting. Antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. 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) Soil report. In the case of 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 Borough Engineer to document and verify the design specifications of the foundation for the antenna support structure, and anchors for the guy wires, if used.

(15) 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.

(16) Additional development regulations.

(a) Sole use on a lot. 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, except as modified herein.

(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, 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(e) may be attached to an existing structure or building subject to the conditions 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 communication 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 Borough ordinances not inconsistent therewith. Every year the facility owner shall certify to the Borough of the structural integrity of the wireless communication facility.

(18) 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) The disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding area.

(b) 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, ground permitting.

(c) 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.

(d) Where the wireless communication 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.

(19) Notification. All applicants seeking to construct, erect, relocate or alter a wireless communications facility shall demonstrate that all property owners within a two-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 before the Media Borough Planning Commission where the applicant will appear and demonstrate compliance with the provisions of this chapter.

(20) Interference. In the event the wireless communications facility causes interference with the radio or television reception of any Borough 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.

(21) Abandonment/height reduction. It being the legislative finding of the Borough Council of the Borough of Media that wireless communications facilities which have been abandoned present a danger to the health, safety and welfare of the general public, 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 the state-of-the art for such facilities permits antennae 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 Borough.

(22) Annual report. In January of each year, the owner of any wireless communications facility shall pay the registration fee established from time to time by resolution of the Borough Council and shall provide the Borough Manager 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(e) gain.

(g) The certified and effective radiated power of the antenna(e).

(h) The number of transmitters, channels and antenna(e).

(i) A copy of the owner's or operator's FCC authorization.

(j) Antenna(e) height.

(k) Power input to the antenna(e).

(l) Distance to nearest base station.

(m) A certification signed by two officers of the applicant that the wireless communications facility is continuing to comply with this chapter and all applicable governmental regulations.

(23) Federal Communications Commission 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 communication 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.

E. 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 chapter 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 collocation; notice to other users. In order to reduce the number of antenna support structures needed in the Borough in the future, the proposed antenna support structure shall also be required to accommodate, where possible, other users, including other wireless communication, cellular communication and personal communication service providers 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 collocation 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-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 subsection.

F. Submission of plans. All plans for the erection of wireless communication facilities shall be submitted to and be reviewed by the Borough Planning Commission for compliance with local 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 Borough Engineer and Solicitor shall review the plans for compliance with this chapter and any other applicable local regulations and evidence of review and approval of other agencies with jurisdiction over such facilities. The cost of review fees shall be reimbursed to the Borough by the owner. These fees shall be in addition to any applicable Borough building permit fees.

§ 311-78.1 Flag lots; common or shared driveways.

[Added 7-15-2004 by Ord. No. 994]

A. No flag lots shall be permitted within the Borough of Media for any zoning districts.

B. Common or shared driveways shall be permitted, but only if a legal agreement acceptable to the Borough Solicitor shall be in place among the owners of all real estate parcels having access to the common or shared driveway. The legal agreement shall establish access provisions and major responsibilities, including maintenance, plowing, vegetation control, and cost sharing. The legal agreement must be recorded with the Recorder of Deeds of Delaware County and indexed against all real estate parcels having access to the common or shared driveway. This requirement applies to all driveway-sharing agreements or arrangements established or changed after adoption of this subsection.

[Amended 9-18-2014 by Ord. No. 1111]

§ 311-78.2 Propane tanks.

[Added 10-21-2010 by Ord. No. 1077]

Notwithstanding anything contained in this Chapter 311 to the contrary, in all zoning districts any propane tank shall be located at least 10 feet from all property lines of the property on which such propane tank is located.

§ 311-78.3 Curb cuts, driveways and parking spaces on existing developed residential properties.

[Added 10-15-2015 by Ord. No. 1119]

A. Purpose. There exists in the R-1, R-2 and R-3 Residential Districts of the Borough competing demands for off-street parking spaces and the maintenance of the traditional pedestrian-oriented character of such residential neighborhoods. The installation of new curb cuts and driveways in existing developed residential neighborhoods may result in the elimination of at least one on-street parking space and adversely affect the traditional appearance of the neighborhood. The purpose of this section is to impose regulations on the installation and construction of new curb cuts. parking spaces and driveways on existing developed residential properties that are intended to balance the competing goals of providing off-street parking spaces and preserving the traditional character of residential neighborhoods.

B. Installation in R-1, R-2 and R-3 Residential Districts.

(1) In the R-1. R-2 and R-3 Residential Districts, any new curb cut, driveway and parking space shall not be placed in front of the residential structure on the property. Rather, any new curb cut, driveway and parking spaces may be constructed only in the area between the residential structure and the side property line or the rear property line. Any new driveway shall extend at least 20 feet beyond the front façade of the residential structure on the property so that a vehicle may be parked beyond such front façade, rather than in the front yard of the property.

(2) No driveway shall have a width in excess of 12 feet in the front yard of any property or 20 feet at any point beyond the front facade of the residential structure on the property.

(3) Driveways shall be set back at least three feet from any side property line; provided, however, that any driveway shared by adjacent properties shall not be subject to this subsection.

(4) If there is not sufficient space in the side yard for a driveway, then it is the intention of this section that no cut curb, driveway or parking space be constructed or installed on the property.

C. Exemption of compliant driveways from limitation on maximum impervious cover. Any such curb cut, driveway and/or parking space that complies with the foregoing requirements of Subsection B above shall be exempted from the calculation for determining maximum impervious surface requirements applicable in the R-1, R-2 and R-3 Residential Districts contained in this chapter, provided that the stormwater from the driveway footprint is managed in a manner satisfactory to the Media Borough Engineer.

D. Limit of one curb cut per lot. In no event shall any property located in the R-1, R-2 or R-3 Residential District have more than one curb cut from a public street onto the property.

E. Placement to minimize loss of on-street parking spaces. Any new curb cut for a driveway on any property located in the R-1, R-2 and R-3 Residential Districts shall be installed on the property in such location as will minimize the loss of on-street parking spaces, as determined by the Zoning Officer.